S T A T E O F N E W Y O R K
________________________________________________________________________
720--B
Cal. No. 878
2017-2018 Regular Sessions
I N S E N A T E
January 4, 2017
___________
Introduced by Sens. ORTT, GALLIVAN, LARKIN -- read twice and ordered
printed, and when printed to be committed to the Committee on Veter-
ans, Homeland Security and Military Affairs -- reported favorably from
said committee and committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported favorably from said committee, ordered
to first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the education law and the state finance law, in relation
to tuition awards for active members of the reserve armed forces of
the United States and providing for the repeal of such provisions upon
expiration thereof
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-i
to read as follows:
§ 669-I. TUITION AWARDS FOR MEMBERS OF THE RESERVE ARMED FORCES OF THE
UNITED STATES. 1. THE DIVISION OF MILITARY AND NAVAL AFFAIRS IS AUTHOR-
IZED, WITHIN AMOUNTS APPROPRIATED OR OTHERWISE LAWFULLY AVAILABLE FROM
ANY OTHER SOURCE, TO ESTABLISH A TUITION AWARD PROGRAM.
2. AS USED IN THIS SECTION, THE TERM:
A. "ACTIVE MEMBER" SHALL MEAN A MEMBER OF A BRANCH OF THE RESERVE
ARMED FORCES OF THE UNITED STATES WHO MEETS THE MINIMUM REQUIREMENTS FOR
SATISFACTORY ACTIVE MEMBERSHIP AS SET FORTH IN THE REGULATIONS OF THE
UNITED STATES DEPARTMENTS OF THE ARMY, COAST GUARD, NAVY AND AIR FORCE,
AS APPLICABLE.
B. "DEGREE PRODUCING CURRICULUM" SHALL MEAN A SERIES OF COURSES
PROGRAMMED TO CULMINATE IN A SPECIFIC POST-SECONDARY DEGREE OR DIPLOMA
WHEN SUCCESSFULLY COMPLETED.
C. "TUITION" SHALL MEAN THE TOTAL SEMESTER, QUARTER, OR CLASSROOM HOUR
COST OF INSTRUCTION TO THE STUDENT AS PERIODICALLY PUBLISHED IN THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04516-04-7
S. 720--B 2
CATALOGUE OF THE INSTITUTION, SPECIFICALLY EXCLUDING MANDATORY FEES,
BOOK CHARGES, AND ROOM AND BOARD.
D. "TUITION BENEFIT" SHALL MEAN AN AWARD EQUAL TO THE AMOUNT OF UNDER-
GRADUATE TUITION FOR RESIDENTS OF NEW YORK STATE CHARGED BY THE STATE
UNIVERSITY OF NEW YORK OR ACTUAL TUITION CHARGED, WHICHEVER IS LESS, FOR
EACH SEMESTER, OR THE EQUIVALENT, OF FULL-TIME STUDY, OR A PRO-RATED
AMOUNT FOR PART-TIME STUDY; PROVIDED, HOWEVER, THAT SUCH AWARD SHALL NOT
BE REDUCED BY ANY BENEFITS AVAILABLE UNDER THE FEDERAL MONTGOMERY GI
BILL ACT OF 1984 OR THE FEDERAL PELL GRANT PROGRAM PURSUANT TO SECTION
ONE THOUSAND SEVENTY-A OF TITLE TWENTY OF THE UNITED STATES CODE.
E. "PART-TIME STUDY" SHALL MEAN ENROLLMENT IN AN APPROVED POST-SECON-
DARY DEGREE PROGRAM FOR AT LEAST THREE BUT LESS THAN TWELVE SEMESTER
HOURS, OR THE EQUIVALENT PER SEMESTER, IN AN APPROVED UNDERGRADUATE OR
GRADUATE PROGRAM.
F. "INSTITUTION" SHALL MEAN ANY INSTITUTION OF HIGHER EDUCATION RECOG-
NIZED AND APPROVED BY THE REGENTS OR THE UNIVERSITY OF THE STATE OF NEW
YORK WHICH PROVIDES A COURSE OF STUDY LEADING TO THE GRANTING OF A POST-
SECONDARY DEGREE OR DIPLOMA OR AN APPROVED VOCATIONAL TRAINING PROGRAM.
G. "LEGAL RESIDENT" SHALL MEAN A PERSON WHOSE PRINCIPAL DOMICILE IS
LOCATED WITHIN NEW YORK STATE IN EXCESS OF ONE HUNDRED EIGHTY-SIX DAYS
PER YEAR AND HAS BEEN SO DOMICILED FOR NOT LESS THAN THE THREE PREVIOUS
YEARS; EXCEPTING ACTIVE FEDERAL MILITARY DUTY WHO WAS A RESIDENT OF THE
STATE AT THE TIME OF ENTRY INTO THE ARMED FORCES OF THE UNITED STATES
AND IS AN ACTIVE MEMBER OF THE RESERVE ARMED FORCES OF THE UNITED
STATES.
H. "APPROVED VOCATIONAL TRAINING PROGRAMS" MEANS PROGRAMS OFFERED BY
AGENCIES APPROVED BY THE COMMISSIONER FOR FUNDING PURSUANT TO THIS
SECTION. THE COMMISSIONER SHALL APPROVE ONLY SUCH NON-CREDIT PROGRAMS
WHICH ARE AT LEAST THREE HUNDRED TWENTY CLOCK HOURS IN LENGTH, AND WHICH
MEET STANDARDS OF INSTRUCTIONAL QUALITY ESTABLISHED IN REGULATIONS BY
THE COMMISSIONER. THESE STANDARDS SHALL INCLUDE, BUT NOT BE LIMITED TO,
QUALIFICATIONS OF ADMINISTRATIVE AND INSTRUCTIONAL PERSONNEL, QUALITY OF
FACILITIES AND EQUIPMENT, RECORDKEEPING, ADMISSION, GRADING, ATTENDANCE,
AND RECORD OF PLACEMENT OF COMPLETERS WHICH MEETS STANDARDS OF ACCEPTA-
BILITY AS ESTABLISHED BY THE COMMISSIONER.
3. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL, OR
LOCAL LAW, RULE, OR REGULATION, ANY ACTIVE MEMBER WHO HAS SUCCESSFULLY
COMPLETED ADVANCED INDIVIDUAL TRAINING OR COMMISSIONING AND OTHER
REQUIREMENTS OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS FOR TUITION
BENEFIT ELIGIBILITY SHALL BE ENTITLED TO THE TUITION BENEFIT PROVIDED BY
THIS SECTION UPON HIS OR HER ENROLLMENT IN A DEGREE PRODUCING CURRICULUM
IN ANY INSTITUTION OR AN APPROVED VOCATIONAL TRAINING PROGRAM.
4. UNLESS OTHERWISE PROVIDED FOR IN THIS SECTION, ELIGIBILITY FOR THE
TUITION BENEFIT PROVIDED BY THIS SECTION SHALL BE DETERMINED BY THE
EDUCATION SERVICES OFFICES OF THE DIVISION OF MILITARY AND NAVAL
AFFAIRS, WHICH SHALL ISSUE CERTIFICATES OF ELIGIBILITY AND PROMULGATE
SUCH ADMINISTRATIVE RULES AND PROCEDURES AS ARE NECESSARY TO IMPLEMENT
THE TUITION BENEFIT PROVIDED UNDER THIS SECTION. SUCH ADMINISTRATIVE
RULES AND PROCEDURES SHALL INCLUDE IN THE FACTORS FOR THE DETERMINATION
OF ELIGIBILITY FOR THE TUITION BENEFIT PROVIDED BY THIS SECTION THE
FULFILLMENT OF THE OBLIGATION AND COMMITMENTS FOR SERVICE IN THE RESERVE
ARMED FORCES OF THE UNITED STATES.
5. THE TUITION BENEFIT PROVIDED BY THIS SECTION SHALL BE RESTRICTED
TO LEGAL RESIDENTS OF THE STATE. THE BENEFIT MAY BE USED FOR EITHER
PART-TIME OR FULL-TIME STUDY. NO RESTRICTION AS TO SESSIONS, STUDENT
S. 720--B 3
STATUS, OR SPACE AVAILABILITY WHICH DOES NOT APPLY TO ALL STUDENTS SHALL
BE PLACED BY INSTITUTIONS UPON RECIPIENTS UNDER THIS PROGRAM.
6. A. NO RECIPIENT SHALL RECEIVE AWARDS 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. RECIPIENTS ENROLLED IN
A PROGRAM OF REMEDIAL STUDY CONFORMING TO THE PROVISIONS OF THIS ARTI-
CLE, APPROVED BY THE COMMISSIONER IN A DEGREE GRANTING INSTITUTION, AND
INTENDED TO CULMINATE IN AN UNDERGRADUATE DEGREE SHALL BE CONSIDERED AS
ENROLLED IN A PROGRAM NORMALLY REQUIRING FIVE YEARS. NO RECIPIENT
ENROLLED IN AN APPROVED VOCATIONAL TRAINING PROGRAM SHALL RECEIVE AWARDS
FOR MORE THAN FOUR SEMESTERS OF FULL-TIME STUDY OR THE EQUIVALENT OF TWO
ACADEMIC YEARS OF FULL-TIME STUDY.
B. NO RECIPIENT SHALL RECEIVE AWARDS FOR MORE THAN SIXTEEN SEMESTERS
OF PART-TIME UNDERGRADUATE STUDY AS DEFINED IN SUBDIVISION ONE OF THIS
SECTION, 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. RECIPIENTS ENROLLED IN A PROGRAM
OF REMEDIAL STUDY CONFORMING TO THE PROVISIONS OF THIS CHAPTER, APPROVED
BY THE COMMISSIONER IN A DEGREE GRANTING INSTITUTION, AND INTENDED TO
CULMINATE IN AN UNDERGRADUATE DEGREE SHALL BE CONSIDERED AS ENROLLED IN
A PROGRAM NORMALLY REQUIRING FIVE YEARS. NO RECIPIENT ENROLLED IN AN
APPROVED VOCATIONAL TRAINING PROGRAM SHALL RECEIVE AWARDS FOR MORE THAN
EIGHT SEMESTERS OF PART-TIME STUDY OR THE EQUIVALENT OF FOUR ACADEMIC
YEARS OF PART-TIME STUDY.
C. NO RECIPIENT SHALL RECEIVE AWARDS FOR MORE THAN SIX SEMESTERS OF
FULL-TIME STUDY, OR THE EQUIVALENT OF THREE ACADEMIC YEARS, FOR GRADUATE
STUDY. NO RECIPIENT SHALL RECEIVE AWARDS FOR MORE THAN TWELVE SEMESTERS
OF PART-TIME GRADUATE STUDY AS DEFINED IN SUBDIVISION ONE OF THIS
SECTION, OR THE EQUIVALENT OF SIX ACADEMIC YEARS OF PART-TIME GRADUATE
STUDY.
7. UPON THE RECIPIENT'S CESSATION OF STATUS AS AN ACTIVE MEMBER, THE
BENEFIT PROVIDED BY THIS SECTION SHALL BE DISCONTINUED. THE TUITION
BENEFIT PROVIDED BY THIS SECTION MAY BE SUSPENDED AT THE DIRECTION OF
THE DIVISION OF MILITARY AND NAVAL AFFAIRS FOR A RECIPIENT'S FAILURE TO
MAINTAIN GOOD MILITARY STANDING AS AN ACTIVE MEMBER, FOR THE FAILURE TO
MAINTAIN GOOD ACADEMIC PROGRESS AND PROGRAM PURSUIT, OR FOR THE FAILURE
TO MAINTAIN SUFFICIENT ACADEMIC STANDING TO RETAIN ELIGIBILITY FOR ANY
OTHER FINANCIAL ASSISTANCE THE RECIPIENT MAY BE RECEIVING.
8. UNLESS OTHERWISE PROVIDED FOR IN THIS SECTION, THE TUITION BENEFIT
SHALL BE ON THE TERMS AND CONDITIONS SET BY THE DIVISION OF MILITARY AND
NAVAL AFFAIRS. FOR THE PURPOSES OF THIS SUBDIVISION, BENEFITS AVAILABLE
UNDER THE FEDERAL MONTGOMERY GI BILL ACT OF 1984 SHALL NOT BE CONSIDERED
AS FEDERAL OR OTHER EDUCATIONAL AID.
9. THE TUITION BENEFIT PROVIDED BY THIS SECTION SHALL BE EFFECTIVE
BEGINNING WITH THE SCHOOL SEMESTER OR QUARTER FOLLOWING THE EFFECTIVE
DATE OF THIS SECTION.
§ 2. Section 604 of the education law is amended by adding a new
subdivision 13 to read as follows:
13. TUITION AWARDS FOR ACTIVE MEMBERS OF THE RESERVE ARMED FORCES OF
THE UNITED STATES ENROLLED IN APPROVED POST-SECONDARY DEGREE PROGRAMS IN
DEGREE-GRANTING INSTITUTIONS.
§ 3. The state finance law is amended by adding a new section 91-g to
read as follows:
S. 720--B 4
§ 91-G. TUITION AWARD ACCOUNT. 1. THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
AND FINANCE AN ACCOUNT IN THE MISCELLANEOUS SPECIAL REVENUE FUND TO BE
KNOWN AS THE TUITION AWARD ACCOUNT.
2. SUCH ACCOUNT SHALL CONSIST OF ALL REVENUES RECEIVED FROM CONTRIB-
UTIONS, DONATIONS AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
3. MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE
MAY BE EXPENDED FOR THE TUITION AWARD PROGRAM FOR MEMBERS OF THE RESERVE
ARMED FORCES OF THE UNITED STATES. MONEYS SHALL BE PAID OUT OF THE
ACCOUNT ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS
CERTIFIED OR APPROVED BY THE ADJUTANT GENERAL OF NEW YORK STATE.
§ 4. The division of military and naval affairs shall report on the
operation and subsequent effectiveness of the program created by this
act, one year after it shall have become a law and annually thereafter,
to the governor, temporary president of the senate and the speaker of
the assembly. Upon the expiration and repeal of the provisions of this
act, such division shall continue to make such report in any year in
which any person receives benefits under the provisions of this act.
§ 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall expire and be
deemed repealed five years after such date; provided that any person who
has begun to receive the benefits of this act prior to its expiration
and repeal shall be entitled to continue to receive the benefits of this
act after its expiration and repeal until completion of a post-secondary
degree or cessation of status as an active member, whichever occurs
first.