Assembly Bill A8307A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8307
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law, in relation to expanding the veterans
   tuition  awards  program to allow the transfer of unused benefits to a
   caregiver, spouse, survivor or child

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   This act shall be known and may be cited as the "Veteran
 Family Educational Attainment Act".
   § 2. Subdivision  1  of  section 669-a of the education law is amended
 by adding six new paragraphs g, h, i, j, k, and l to read as follows:
   G.  "IMMEDIATE FAMILY" MEANS A SPOUSE, CHILD, CAREGIVER,  OR  SURVIVOR
 OF A QUALIFIED VETERAN.
   H.  "QUALIFIED  VETERAN"  MEANS  A  VETERAN  WHO  WOULD BE ELIGIBLE TO
 RECEIVE TUITION AWARDS IF HE OR SHE SATISFIED THE ENROLLMENT AND  APPLI-
 CATION  REQUIREMENTS    SET   FORTH IN PARAGRAPH A OF SUBDIVISION TWO OF
 THIS SECTION.
   I. "CAREGIVER" MEANS: (I) A PERSON WHO IS A RESIDENT  OF  THIS  STATE,
 (II) THE FAMILY MEMBER OR OTHER NATURAL PERSON WHO NORMALLY PROVIDES THE
 DAILY  CARE  OR SUPERVISION OF A QUALIFIED VETERAN WHO IS FRAIL OR DISA-
 BLED, OR ANY FAMILY MEMBER OR OTHER NATURAL PERSON  WHO  CONTRIBUTES  TO
 AND  IS  INVOLVED  IN THE CARETAKING RESPONSIBILITIES FOR SUCH QUALIFIED
 VETERAN WHO IS FRAIL OR DISABLED AND SUCH INFORMAL  CAREGIVER  MAY,  BUT
 NEED  NOT,  RESIDE  IN  THE SAME HOUSEHOLD AS A QUALIFIED VETERAN WHO IS
 FRAIL OR DISABLED, AND (III) WHOSE QUALIFIED VETERAN HAS NOT ELECTED  TO
 UTILIZE HIS OR HER BENEFIT.
   J.  "SPOUSE"  OR "DOMESTIC PARTNER" MEANS: (I) A PERSON WHO IS A RESI-
 DENT OF THIS STATE, AND (II) A PERSON WHO HAS A LEGAL RELATIONSHIP  WITH
 A  QUALIFIED VETERAN PERMITTED UNDER THE LAWS OF THIS STATE AND THE CITY
 OF NEW YORK  FOR  COUPLES  WHO  HAVE  A  CLOSE  AND  COMMITTED  PERSONAL
 RELATIONSHIP  OR  A  PERSON  WHO  HAS  A LEGAL MARRIAGE WITH A QUALIFIED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09826-05-1
              

 A. 8307                             2
 
 VETERAN PERMITTED UNDER THE LAWS OF THE STATE AND CITY OF NEW YORK,  AND
 (III)  WHOSE  QUALIFIED  VETERAN  HAS  NOT ELECTED TO UTILIZE HIS OR HER
 BENEFIT.
   K.  "SURVIVOR"  MEANS:  (I)  A PERSON WHO IS A RESIDENT OF THIS STATE,
 (II) MARRIED TO A QUALIFIED VETERAN WHO DIED AS  A  RESULT  OF  MILITARY
 SERVICE,  (III)  MARRIED  THE  QUALIFIED VETERAN WITHIN FIFTEEN YEARS OF
 DISCHARGE FROM HIS OR HER MILITARY SERVICE IN WHICH THE CAUSE OF  DEATH,
 DISEASE  OR  INJURY  STARTED  OR  WAS  AGGRAVATED, OR WAS MARRIED TO THE
 VETERAN FOR AT LEAST ONE YEAR, OR HAD A CHILD WITH THE QUALIFIED VETERAN
 AND LIVED TOGETHER WITH THE VETERAN  CONTINUOUSLY  UNTIL  THE  VETERAN'S
 DEATH  OR,  IF  SEPARATED, WAS NOT AT FAULT FOR THE SEPARATION, AND (IV)
 WHOSE QUALIFIED VETERAN HAS NOT ELECTED TO UTILIZE HIS OR HER BENEFIT.
   L. "CHILD" MEANS: (I) A PERSON WHO IS A RESIDENT OF THIS STATE, (II) A
 BIOLOGICAL, ADOPTED, FOSTER OFFSPRING, STEPSON  OR  STEPDAUGHTER,  LEGAL
 WARD,  OFFSPRING OF A DOMESTIC PARTNER, OR THE PERSON TO WHOM THE QUALI-
 FIED VETERAN STANDS IN LOCO PARENTIS, AND (III) WHOSE QUALIFIED  VETERAN
 HAS NOT ELECTED TO UTILIZE HIS OR HER BENEFIT.
   §  3.    Section 669-a of the education law is amended by adding a new
 subdivision 5 to read as follows:
   5. A. A QUALIFIED VETERAN WHO WOULD BE  ELIGIBLE  TO  RECEIVE  TUITION
 AWARDS  IF  HE  OR SHE SATISFIED THE ENROLLMENT AND APPLICATION REQUIRE-
 MENTS SET FORTH IN PARAGRAPH A OF SUBDIVISION TWO OF THIS  SECTION,  MAY
 ELECT  TO  TRANSFER  ALL  OR A PORTION OF THE TUITION AWARD SUCH VETERAN
 WOULD HAVE RECEIVED TO ANY ONE OR MORE OF SUCH VETERAN'S IMMEDIATE FAMI-
 LY MEMBERS.
   B. A VETERAN WHO ELECTS TO TRANSFER HIS OR HER AWARD  SHALL  DESIGNATE
 THE  ELIGIBLE  IMMEDIATE  FAMILY MEMBER OR MEMBERS TO WHOM SUCH AWARD IS
 BEING TRANSFERRED AND THE NUMBER OF MONTHS SUCH TRANSFER SHALL BE EFFEC-
 TIVE FOR EACH SUCH DEPENDENT. SUCH DESIGNATION SHALL BE MADE ON  A  FORM
 PRESCRIBED  BY  THE  COMMISSIONER,  SHALL BE APPENDED TO THE APPLICATION
 SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND THE COMMISSIONER SHALL
 MAKE THE FORM AND RELEVANT INFORMATION OF THIS SECTION AVAILABLE ON  THE
 CORPORATION'S WEBSITE.
   C.  NO  ELIGIBLE  IMMEDIATE  FAMILY MEMBER TO WHOM A TRANSFER HAS BEEN
 MADE PURSUANT TO THIS SUBDIVISION  SHALL  RECEIVE  A  TUITION  AWARD  IN
 EXCESS  OF  THE  AWARD  AVAILABLE  TO  AN  INDIVIDUAL VETERAN UNDER THIS
 SECTION.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.