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A02991 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2991
 
SPONSOR: Hawley (MS)
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: Surviving dependent family members of NYS military personnel who die on state or federal active while performing official duties, shall receive free tuition, room and board at SUNY or CUNY institution of higher learning.   SUMMARY OF SPECIFIC PROVISIONS: Section 1- Any surviving dependent family members of NYS military that is a legal resident of the state of New York who dies on state or feder- al active duty while performing official duties shall receive free tuition, room and board at SUNY or CUNY institution of higher learning with "MERIT" scholarship. Section 2-Effective date.   JUSTIFICATION: This legislation will take care of the brave soldiers' dependents if they die while performing official duties. Dependents of the fallen heroes will receive a "MERIT" scholarship that will provide them free tuition and room and board at CONY or SUNY institutions.   PRIOR LEGISLATIVE HISTORY: A32604/29/14 held for consideration in higher education A1245 - 05/15/12 - held for consideration in higher education A4055 - 05/04/10 - held for consideration in higher education A6055 - 01/09/08 - referred to higher education A6055 - 02/28/07 - referred to higher education A11618 - 05/30/06 - referred to higher education, A3093 01/06/16 referred to higher education, A1737 - 1/3/18 referred to higher education   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately
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A02991 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2991
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section 1. Section 668-e of the education law, as added by chapter 106
     2  of the laws of 2003, is amended to read as follows:
     3    §  668-e.  Military  enhanced  recognition,  incentive   and   tribute
     4  ("MERIT")  scholarships. 1. Eligible persons. a.  Notwithstanding subdi-
     5  visions three and five of section six hundred sixty-one of this  [title]
     6  part,  children,  spouses  and  financial  dependents of a member of the
     7  armed forces of the United States or state organized militia who at  any
     8  time  on  or  after  the  second day of August, nineteen hundred ninety,
     9  while in service in the armed forces of the United States, as defined by
    10  subdivision eight of section one of the military law or in  a  force  of
    11  the  state  organized militia, as defined in subdivision nine of section
    12  one of the military law: (i) while a legal resident of New  York  state,
    13  died,  became  severely  and  permanently  disabled or was classified as
    14  missing in action [in a combat theater or combat zone of  operations  as
    15  part  of  military  operations, or died as a result of injury or illness
    16  suffered or incurred during such military service] in the performance of
    17  his or her official duties; or (ii) while a legal resident of  New  York
    18  state,  died  or became severely and permanently disabled as a result of
    19  injury or illness suffered or incurred during  military  training  oper-
    20  ations  in  preparation  for  duty in a combat theater or combat zone of
    21  operations.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01527-01-9

        A. 2991                             2
 
     1    b. A member of the armed forces of the United States who:  (i)  became
     2  severely  and  permanently  disabled as a result of service in the armed
     3  forces of the United States, as defined by subdivision eight of  section
     4  one  of  the  military law, [in a combat theater or combat zone of oper-
     5  ations]  in  the  performance  of  his or her official duties as part of
     6  military operations at any time on or after the second  day  of  August,
     7  nineteen hundred ninety; and (ii) was a legal resident of New York state
     8  at the time of military service.
     9    c.  A  member of the armed forces of the United States who: (i) became
    10  severely and permanently disabled as  a  result  of  injury  or  illness
    11  suffered or incurred during military training operations [in preparation
    12  for  duty  in  a  combat  theater  or  combat zone of operations] in the
    13  performance of his or her official duties; and (ii) was a legal resident
    14  of New York state at the time of military service.
    15    d. A member of the state organized militia who:  (i)  became  severely
    16  and  permanently  disabled  as a result of injury or illness suffered or
    17  incurred during active military service, as defined in  subdivision  six
    18  of  section one of the military law related to duty [in a combat theater
    19  or combat zone of operations] in the performance of his or her  official
    20  duties;  and  (ii) was a legal resident of New York state at the time of
    21  active military service.
    22    2. Amount. The president shall grant annual  scholarships  in  amounts
    23  determined  in accordance with subdivisions two and three of section six
    24  hundred sixty-eight-d of this part.
    25    § 2. This act shall take effect immediately.
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