STATE OF NEW YORK ________________________________________________________________________ 254 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sens. ORTT, AKSHAR, CROCI, MARCHIONE, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs 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. LBD02282-01-7

S. 254 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.