S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    438
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. PERRY, VANEL -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation to establishing a Haitian
   Earthquake victims survivor college scholarship program  for  children
   and  spouses  of  persons injured in the January twelfth, two thousand
   ten earthquake in Haiti
 
   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 609-a
 to read as follows:
   § 609-A. HAITIAN EARTHQUAKE VICTIMS SURVIVOR COLLEGE  SCHOLARSHIP.  1.
 NOTWITHSTANDING  SUBDIVISIONS  THREE  AND  FIVE  OF  SECTION SIX HUNDRED
 SIXTY-ONE OF THIS TITLE, CHILDREN AND SPOUSES OF  INNOCENT  VICTIMS  WHO
 HAVE DIED OR HAVE BEEN SEVERELY AND PERMANENTLY DISABLED, OR THOSE INNO-
 CENT  VICTIMS  WHO  HAVE  BECOME  SEVERELY AND PERMANENTLY DISABLED AS A
 DIRECT RESULT OF AN INJURY SUSTAINED ON THE ISLAND NATION OF  HAITI  DUE
 TO  THE JANUARY TWELFTH, TWO THOUSAND TEN EARTHQUAKE, OR THE AFTERSHOCKS
 OF THE EARTHQUAKE, OCCURRING ON THAT ISLAND NATION, SHALL BE ELIGIBLE TO
 RECEIVE A SCHOLARSHIP IN AN ANNUAL AMOUNT DETERMINED PURSUANT TO  SUBDI-
 VISION TWO OF SECTION SIX HUNDRED SIXTY-EIGHT-H OF THIS TITLE.
   2.  AWARDS  UNDER  THIS  SECTION SHALL BE PAYABLE FOR EACH OF NOT MORE
 THAN FOUR ACADEMIC YEARS OF UNDERGRADUATE STUDY OR FIVE  ACADEMIC  YEARS
 IF A PROGRAM NORMALLY REQUIRES FIVE YEARS, AS DEFINED BY THE COMMISSION-
 ER PURSUANT TO THIS ARTICLE.
   §  2.  The  education  law is amended by adding a new section 668-h to
 read as follows:
   § 668-H.   HAITIAN EARTHQUAKE  VICTIMS  SURVIVOR  COLLEGE  SCHOLARSHIP
 PROGRAM.  1.  ELIGIBLE  GROUPS.   NOTWITHSTANDING SUBDIVISIONS THREE AND
 FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS PART, CHILDREN AND SPOUSES
 OF INNOCENT VICTIMS WHO HAVE DIED OR HAVE BEEN SEVERELY AND  PERMANENTLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04453-01-1

 A. 438                              2
 
 DISABLED,  OR THOSE INNOCENT VICTIMS WHO HAVE BECOME SEVERELY AND PERMA-
 NENTLY DISABLED AS A DIRECT RESULT OF AN INJURY SUSTAINED ON THE  ISLAND
 NATION  OF HAITI IN THE IMPACT AREA OF THE JANUARY TWELFTH, TWO THOUSAND
 TEN  EARTHQUAKE  OCCURRING  ON  THAT ISLAND NATION, SHALL BE ELIGIBLE TO
 RECEIVE A MEMORIAL SCHOLARSHIP AS PROVIDED IN THIS SECTION.
   2. AMOUNT. THE PRESIDENT SHALL GRANT UP TO TEN ANNUAL SCHOLARSHIPS  TO
 RECIPIENTS  ATTENDING  AN INSTITUTION OF THE CITY UNIVERSITY OF NEW YORK
 OR AN INSTITUTION OF THE STATE UNIVERSITY OF NEW  YORK  OTHER  THAN  THE
 STATUTORY  COLLEGES AT CORNELL, THE COLLEGE OF ENVIRONMENTAL SCIENCE AND
 FORESTRY AT SYRACUSE AND THE COLLEGE OF CERAMICS AT ALFRED, IN AN AMOUNT
 EQUAL TO THE SUM OF THE TUITION CHARGED  AT  SUCH  INSTITUTION  PROVIDED
 THAT,  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE TUITION
 CHARGED TO AWARD RECIPIENTS SHALL NOT EXCEED THAT CHARGED TO STATE RESI-
 DENT STUDENTS ATTENDING SUCH INSTITUTION AND THE MANDATORY FEES  CHARGED
 AT  SUCH  INSTITUTION; PROVIDED, HOWEVER, THAT THE SCHOLARSHIP SHALL NOT
 EXCEED AN AMOUNT THAT IS EQUAL TO THE TOTAL COST  OF  ATTENDANCE  DETER-
 MINED  FOR  FEDERAL  TITLE  IV  STUDENT FINANCIAL AID PURPOSES, LESS ALL
 OTHER SCHOLARSHIPS AND GRANTS PROVIDED BY NEW YORK STATE, OTHER  STATES,
 THE  FEDERAL  GOVERNMENT, OR OTHER GOVERNMENTS, AND THE AMOUNT OF EDUCA-
 TIONAL BENEFITS PAID UNDER ANY PROGRAM THAT WOULD DUPLICATE THE PURPOSES
 OF THIS PROGRAM, PROVIDED THAT ANY SCHOLARSHIPS OR GRANTS PROVIDED TO  A
 RECIPIENT  BY  THE INSTITUTION WHICH ARE INTENDED TO FUND ANY PORTION OF
 THE DIFFERENCE BETWEEN THE ANNUAL STATE AWARD AND THE  ACTUAL  COSTS  OF
 ATTENDANCE  AT ANY SUCH INSTITUTION SHALL NOT BE CONSIDERED TO DUPLICATE
 THE PURPOSES OF THIS PROGRAM. IN NO EVENT SHALL THE COMBINATION  OF  ALL
 STUDENT  FINANCIAL  AID RECEIVED BY A STUDENT EXCEED A RECIPIENT'S TOTAL
 COST OF ATTENDANCE AT THE INSTITUTION BEING ATTENDED.
   3. DURATION. AWARDS UNDER THIS SECTION SHALL BE PAYABLE  FOR  EACH  OF
 NOT MORE THAN FOUR ACADEMIC YEARS OF UNDERGRADUATE STUDY OR FIVE ACADEM-
 IC  YEARS  IF  A PROGRAM NORMALLY REQUIRES FIVE YEARS, AS DEFINED BY THE
 COMMISSIONER PURSUANT TO ARTICLE THIRTEEN OF THIS TITLE.
   § 3. Section 604 of the education law  is  amended  by  adding  a  new
 subdivision 13 to read as follows:
   13. HAITIAN EARTHQUAKE VICTIMS SURVIVOR COLLEGE SCHOLARSHIP.
   §  4. Subdivision 5 of section 601 of the education law, as amended by
 chapter 305 of the laws of 2008, is amended to read as follows:
   5. "Children" as referenced in subdivision four of section six hundred
 four and sections six hundred eight, six hundred  eight-a,  six  hundred
 sixty-eight-a,  six  hundred  sixty-eight-b,  six  hundred sixty-eight-d
 [and], six hundred sixty-eight-e AND SIX HUNDRED SIXTY-EIGHT-H  of  this
 title shall mean: (a) birth children, adopted children, stepchildren who
 survive  an  individual,  or children for whom an individual was a legal
 guardian, and (b) other children related by blood, adoption or  marriage
 to an individual for whom such individual had assumed and was exercising
 custody and care as of the date of such individual's death.
   §  5.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after February  1,  2022,  and
 shall  be applicable for awards made for the 2022-2023 academic year and
 all subsequent academic years.