STATE OF NEW YORK
________________________________________________________________________
3534
2009-2010 Regular Sessions
IN ASSEMBLY
January 27, 2009
___________
Introduced by M. of A. BRADLEY, PHEFFER, COLTON, SCHROEDER, LUPARDO,
CHRISTENSEN, DelMONTE, PAULIN, CAHILL, MAGNARELLI, COOK, STIRPE, HOOP-
ER -- Multi-Sponsored by -- M. of A. GABRYSZAK, GUNTHER, HYER-SPENCER,
LATIMER, MAISEL, REILLY, WEISENBERG -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the military law and the education law, in relation 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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The military law is amended by adding a new article 14 to
2 read as follows:
3 ARTICLE XIV
4 MILITARY PERSONNEL TUITION ASSISTANCE
5 Section 400. Recruitment incentive and retention program for members of
6 the New York state organized militia.
7 § 400. Recruitment incentive and retention program for members of the
8 New York state organized militia. The division of military and naval
9 affairs is authorized, within amounts appropriated or otherwise lawfully
10 available from any other source, to establish a recruitment incentive
11 and retention program. Such program, as established pursuant to section
12 six hundred sixty-nine-b of the education law, shall be for the purpose
13 of rewarding members of the New York state organized militia with a
14 public benefit of tuition assistance in the furtherance of their educa-
15 tion.
16 § 2. Paragraphs b, e and f of subdivision 2 of section 669-b of the
17 education law, as added by chapter 268 of the laws of 1996, are amended
18 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03546-02-9
A. 3534 2
1 b. The term "degree producing curriculum" shall mean a series of
2 courses programmed to culminate in a specific post-secondary degree,
3 graduate degree or diploma when successfully completed.
4 e. The term "part-time study" shall mean enrollment in an approved
5 post-secondary degree, or graduate degree program for at least six but
6 less than twelve semester hours, or the equivalent per semester, or at
7 least four but less than eight semester hours per quarter in an institu-
8 tion.
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 degree, graduate degree or diploma.
13 § 3. Subdivisions 5 and 7 of section 669-b of the education law, as
14 added by chapter 268 of the laws of 1996, are amended to read as
15 follows:
16 5. Any active member who currently possesses a [baccalaureate] doctor-
17 ate degree or higher is ineligible for participation in the recruitment
18 incentive program provided by this section.
19 7. Upon the recipient's attainment of [a baccalaureate] the educa-
20 tional degree or cessation of status as an active member, whichever
21 occurs first, the benefit provided by this section shall be discontin-
22 ued. The tuition benefit provided by this section may be suspended at
23 the direction of the division of military and naval affairs for a recip-
24 ient's failure to maintain good military standing as an active member,
25 for the failure to maintain good academic progress and program pursuit,
26 or for the failure to maintain sufficient academic standing to retain
27 eligibility for any other financial assistance the recipient may be
28 receiving.
29 § 4. This act shall take effect immediately, provided, however, that
30 the amendments to subdivisions 2, 5 and 7 of section 669-b of the educa-
31 tion law made by sections two and three of this act shall not affect the
32 repeal of such section and shall be deemed repealed therewith.
