Amd §669-b, rpld §669-b sub 5, Ed L; amd §5, Chap 268 of 1996
Includes New York guard members to the recruitment incentive and retention program for members of the New York state organized militia; permits tuition benefits for post-graduate study.
STATE OF NEW YORK
________________________________________________________________________
4963
2025-2026 Regular Sessions
IN ASSEMBLY
February 10, 2025
___________
Introduced by M. of A. CHANG -- read once and referred to the Committee
on Veterans' Affairs
AN ACT to amend the education law, in relation to recruitment incentive
and retention program for members of the New York state organized
militia; to repeal certain provisions of such law relating thereto;
and to amend chapter 268 of the laws of 1996, amending the education
law and the state finance law relating to providing a recruitment
incentive and retention program for certain active members of the New
York army national guard, New York air national guard, and New York
naval militia, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 669-b of the education law, as
2 added by chapter 268 of the laws of 1996, is amended to read as follows:
3 2. Definitions as used in this section:
4 a. The term "active member" shall mean a member of a federally recog-
5 nized unit of the New York army national guard, New York air national
6 guard, [or] New York naval militia, or New York guard who meets the
7 minimum requirements for satisfactory active membership as set forth in
8 the regulations of the United States departments of the army, navy and
9 air force, as applicable, and the New York state division of military
10 and naval affairs.
11 b. The term "degree producing curriculum" shall mean a series of
12 courses programmed to culminate in a specific post-secondary or post-
13 graduate degree or diploma when successfully completed.
14 c. The term "tuition" shall mean the total semester, quarter, or
15 classroom hour cost of instruction to the student as periodically
16 published in the catalogue of the institution, specifically excluding
17 mandatory fees, book charges, and room and board.
18 d. The term "tuition benefit" shall mean the payment of whatever cost
19 is attributable to the cost of tuition after the deduction of any other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07706-01-5
A. 4963 2
1 available educational grant aid, including the Army Continuing Education
2 System (ACES) (AR-621-5 17 November 1993) and any successor Army regu-
3 lations, that could defray such cost; however, specifically excluding
4 the federal Montgomery GI Bill.
5 e. The term "part-time study" shall mean enrollment in an approved
6 post-secondary or post-graduate degree program for at least six but less
7 than twelve semester hours, or the equivalent per semester, or at least
8 four but less than eight semester hours per quarter in an institution.
9 f. The term "institution" shall mean any institution of higher educa-
10 tion recognized and approved by the regents or the university of the
11 state of New York which provides a course of study leading to the grant-
12 ing of a post-secondary or post-graduate degree or diploma.
13 g. The term "legal resident" shall mean a person whose principal domi-
14 cile is located within New York state in excess of one hundred eighty-
15 six days per year; excepting active federal military duty.
16 § 2. Subdivision 4 of section 669-b of the education law, as amended
17 by chapter 268 of the laws of 1996, is amended to read as follows:
18 4. Unless otherwise provided for in this section, eligibility for the
19 tuition benefit provided by this section shall be determined by the
20 education services offices of the division of military and naval
21 affairs, which shall issue certificates of eligibility and promulgate
22 such administrative rules and procedures as are necessary to implement
23 the tuition benefit provided under this section. Such administrative
24 rules and procedures shall include in the factors for the determination
25 of eligibility for the tuition benefit provided by this section the
26 fulfillment of the contractual obligation and commitments for service in
27 the New York army national guard, New York air national guard [and], New
28 York naval militia and New York guard.
29 § 3. Subdivision 5 of section 669-b of the education law is REPEALED.
30 § 4. Section 5 of chapter 268 of the laws of 1996, amending the educa-
31 tion law and the state finance law relating to providing a recruitment
32 incentive and retention program for certain active members of the New
33 York army national guard, New York air national guard, and New York
34 naval militia, as amended by section 1 of part P of chapter 55 of the
35 laws of 2021, is amended to read as follows:
36 § 5. This act shall take effect January 1, 1997 and shall expire and
37 be deemed repealed September 1, [2026] 2031; provided that any person
38 who has begun to receive the benefits of this act prior to its expira-
39 tion and repeal shall be entitled to continue to receive the benefits of
40 this act after its expiration and repeal until completion of a baccalau-
41 reate degree or cessation of status as an active member, whichever
42 occurs first.
43 § 5. This act shall take effect immediately; provided that the amend-
44 ments to section 669-b of the education law made by sections one and two
45 of this act shall be subject to the repeal of such section and shall be
46 deemed repealed therewith.
