S T A T E O F N E W Y O R K
________________________________________________________________________
2991
2019-2020 Regular Sessions
I N A S S E M B L Y
January 28, 2019
___________
Introduced by M. of A. HAWLEY, KOLB, BARCLAY, CROUCH, PERRY, GUNTHER,
MONTESANO, DiPIETRO, BRABENEC, FITZPATRICK, ASHBY -- Multi-Sponsored
by -- M. of A. STECK -- 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:
§ 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-
ations in preparation for duty in a combat theater or combat zone of
operations.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01527-01-9
A. 2991 2
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.
§ 2. This act shall take effect immediately.