Senate Bill S8805

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8805
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to expanding the veterans
   tuition awards program to allow the transfer of unused benefits to  an
   eligible  immediate  family  member; to amend a chapter of the laws of
   2025 amending the education law relating  to  expanding  the  veterans
   tuition  awards  program to allow the transfer of unused benefits to a
   spouse, survivor or child, as proposed in legislative bills numbers S.
   4358-A and A. 3240-A, in relation to the effectiveness thereof; and to
   repeal certain provisions of the education law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs g and h of subdivision 1 of section 699-a of the
 education  law,  as  added by a chapter of the laws of 2025 amending the
 education law relating to expanding the veterans tuition awards  program
 to allow the transfer of unused benefits to a spouse, survivor or child,
 as  proposed  in  legislative bills numbers S. 4358-A and A. 3240-A, are
 amended to read as follows:
   g. "Eligible immediate family  MEMBER"  means  a  person  who  is  the
 spouse,  child or [survivor] FINANCIAL DEPENDENT of a qualified veteran,
 and who resides in this state.
   h. "Qualified veteran" means a  veteran  who  [would  be  eligible  to
 receive  a  tuition  award  if  such  veteran  satisfied]  SATISFIES the
 [enrollment and application] requirements  set  forth in paragraph a, B,
 C, OR D of subdivision [two] ONE of this section.
   § 2. Paragraph i of subdivision 1 of section 699-a  of  the  education
 law,  as  added  by a chapter of the laws of 2025 amending the education
 law relating to expanding the veterans tuition awards program  to  allow
 the  transfer  of  unused  benefits  to  a spouse, survivor or child, as
 proposed in legislative bills  numbers  S.  4358-A  and  A.  3240-A,  is
 REPEALED.
   §  3. Subdivision 5 of section 669-a of the education law, as added by
 a chapter of the laws of 2025 amending the  education  law  relating  to
 expanding  the  veterans tuition awards program to allow the transfer of
 unused benefits to a spouse, survivor or child, as proposed in  legisla-
 tive  bills numbers S. 4358-A and A. 3240-A, is amended and a new subdi-
 vision 6 is added to read as follows:
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07221-04-6
 S. 8805                             2
 
   5. a. A qualified veteran who [would be eligible to receive a  tuition
 award  if such veteran satisfied the enrollment and application require-
 ments set forth in paragraph a of subdivision two of this section,  but]
 has  not  utilized such tuition award, may elect to transfer IN A SINGLE
 INSTANCE  all  or [a portion of the] ANY REMAINING tuition award to [an]
 ONE eligible immediate family member [or members].
   b. A qualified veteran who elects to transfer their award shall desig-
 nate the eligible immediate family member  [or  members]  to  whom  such
 award  is  being  transferred[, including the number of semesters.  Such
 designation shall be made on a form prescribed by the  president,  shall
 be  appended  to  the  application  specified in subdivision two of this
 section, and the president shall make the form and relevant  information
 of  this  section  available on the corporation's website] IN THE MANNER
 PRESCRIBED BY THE CORPORATION.
   c. A child to whom a tuition award is transferred under this  subdivi-
 sion  shall  be  under  twenty-six  years  of age. [Such child shall not
 commence the use of a tuition award transferred under  this  subdivision
 unless  the  qualified  veteran  has  served  in the armed forces of the
 United States for at least ten years, except where such qualified veter-
 an did not complete such service requirement due to:
   (i) the qualified veteran's death;
   (ii) discharge or release  for a medical  condition  that  pre-existed
 service;
   (iii) discharge or release for hardship;
   (iv)  discharge  or  release for a physical or mental condition, not a
 disability, that did not result from their willful  misconduct  but  did
 interfere with their performance of duty;
   (v) discharge for a disability;
   (vi) discharge for a reduction in force; or
   (vii) involuntary force shaping.]
   d.  The  tuition  award  transfers  designated  by a qualified veteran
 pursuant to this subdivision shall not exceed  the  award  available  to
 such veteran under this section.
   e.  The TOTAL number of tuition award transfers under this subdivision
 shall not exceed one hundred per year.
   6. THE PRESIDENT IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS  TO
 IMPLEMENT THE PROVISIONS OF THIS SECTION. THE PRESIDENT MAY ESTABLISH A.
 AN  APPLICATION  DEADLINE AND B. A METHOD OF SELECTING WHICH ONE HUNDRED
 TUITION AWARD TRANSFERS ARE TO BE GRANTED IF IN ANY GIVEN YEAR THERE ARE
 MORE THAN ONE HUNDRED ELIGIBLE TUITION AWARD TRANSFERS REQUESTED.
   § 4. Section 4 of a chapter of the laws of 2025 amending the education
 law relating to expanding the veterans tuition awards program  to  allow
 the  transfer  of  unused  benefits  to  a spouse, survivor or child, as
 proposed in legislative bills  numbers  S.  4358-A  and  A.  3240-A,  is
 amended to read as follows:
   §  4. This act shall take effect July 1, [2026] 2027.  Effective imme-
 diately, 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.
   §  5.  This  act shall take effect immediately; provided however, that
 sections one, two and three shall take effect on the same  date  and  in
 the  same manner as a chapter of the laws of 2025 amending the education
 law relating to expanding the veterans tuition awards program  to  allow
 the  transfer  of  unused  benefits  to  a spouse, survivor or child, as
 proposed in legislative bills numbers S. 4358-A  and  A.  3240-A,  takes
 effect.