S T A T E   O F   N E W   Y O R K
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                                  5250

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced by M. of A. BACALLES, BURLING, KOLB, BARRA, ALFANO, TOWNSEND,
  GIGLIO,  WALKER,  OAKS,  MOLINARO  --  Multi-Sponsored  by -- M. of A.
  AMEDORE, BARCLAY,  CALHOUN,  CONTE,  CROUCH,  DUPREY,  ERRIGO,  FINCH,
  FITZPATRICK, HAWLEY, McDONOUGH, McKEVITT, MILLER, O'MARA, QUINN, RAIA,
  SALADINO,  SCOZZAFAVA  --  read  once and referred to the Committee on
  Higher Education

AN ACT to amend the education law and the state finance law, in relation
  to enacting the New York state nursing shortage correction act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "New York
state nursing shortage correction act".
  S 2. The education law is amended by adding a  new  section  669-e  to
read as follows:
  S  669-E.  NEW  YORK STATE NURSING RECRUITMENT INCENTIVE AND RETENTION
PROGRAM. 1. THE DEPARTMENT IS AUTHORIZED, WITHIN AMOUNTS APPROPRIATED OR
OTHERWISE LAWFULLY AVAILABLE FROM ANY OTHER SOURCE, TO ESTABLISH A NURS-
ING RECRUITMENT INCENTIVE AND RETENTION PROGRAM.
  2. DEFINITIONS. AS USED IN THIS SECTION THE TERM:
  (A) "PROSPECTIVE NURSE" SHALL MEAN A PERSON WHO DESIRES TO ENTER NURS-
ING SCHOOL TO BECOME A NURSE.
  (B) "DEGREE PRODUCING CURRICULUM"  SHALL  MEAN  A  SERIES  OF  COURSES
PROGRAMMED  TO  CULMINATE IN A SPECIFIC POST-SECONDARY DEGREE OR DIPLOMA
WHEN SUCCESSFULLY COMPLETED.
  (C) "TUITION" SHALL MEAN THE TOTAL  SEMESTER,  QUARTER,  OR  CLASSROOM
HOUR COST OF INSTRUCTION TO THE STUDENT AS PERIODICALLY PUBLISHED IN THE
CATALOGUE  OF  THE  INSTITUTION,  SPECIFICALLY EXCLUDING MANDATORY FEES,
BOOK CHARGES, AND ROOM AND BOARD.
  (D) "TUITION BENEFIT" SHALL MEAN  THE  PAYMENT  OF  WHATEVER  COST  IS
ATTRIBUTABLE  TO  THE  COST  OF TUITION AFTER THE DEDUCTION OF ANY OTHER
AVAILABLE EDUCATIONAL GRANT AID.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01311-01-9
              

A. 5250                             2

  (E) "PART-TIME STUDY" SHALL MEAN ENROLLMENT IN AN APPROVED POST-SECON-
DARY DEGREE PROGRAM FOR AT LEAST  SIX  BUT  LESS  THAN  TWELVE  SEMESTER
HOURS,  OR  THE  EQUIVALENT PER SEMESTER, OR AT LEAST FOUR BUT LESS THAN
EIGHT SEMESTER HOURS PER QUARTER IN AN INSTITUTION.
  (F)  "INSTITUTION" SHALL MEAN UNIVERSITY OF THE STATE OF NEW YORK, THE
CITY UNIVERSITY OF NEW YORK OR A COMMUNITY COLLEGE LOCATED  WITHIN  THIS
STATE  WHICH  PROVIDES  A  COURSE  OF STUDY LEADING TO THE GRANTING OF A
POST-SECONDARY DEGREE OR DIPLOMA.
  (G) "LEGAL RESIDENT" SHALL MEAN A PERSON WHOSE PRINCIPAL  DOMICILE  IS
LOCATED  WITHIN  NEW YORK STATE IN EXCESS OF ONE HUNDRED EIGHTY-SIX DAYS
PER YEAR.
  3. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER  GENERAL,  SPECIAL,
OR  LOCAL LAW, RULE, OR REGULATION, ANY PROSPECTIVE NURSE SHALL BE ENTI-
TLED TO THE TUITION BENEFIT PROVIDED BY THIS SECTION UPON SUCH  PERSON'S
ENROLLMENT IN A DEGREE PRODUCING CURRICULUM IN ANY INSTITUTION.
  (B)  THE  TUITION BENEFIT PROVIDED BY THIS SECTION SHALL BE RESTRICTED
TO LEGAL RESIDENTS OF THE STATE. THE BENEFIT  MAY  BE  USED  FOR  EITHER
PART-TIME  OR  FULL-TIME  STUDY. NO RESTRICTION AS TO SESSIONS, STUDENTS
STATUS, OR SPACE AVAILABILITY WHICH DOES NOT APPLY TO ALL STUDENTS SHALL
BE PLACED BY INSTITUTIONS UPON RECIPIENTS UNDER THIS PROGRAM.
  (C) UPON THE RECIPIENT'S ATTAINMENT OF A BACCALAUREATE OR CESSATION OF
STATUS AS AN ACTIVE MEMBER, WHICHEVER OCCURS FIRST, THE BENEFIT PROVIDED
BY THIS SECTION SHALL BE DISCONTINUED. THE TUITION BENEFIT  PROVIDED  BY
THIS  SECTION  MAY BE SUSPENDED AT THE DIRECTION OF THE DEPARTMENT FOR A
RECIPIENT'S FAILURE TO  MAINTAIN  GOOD  ACADEMIC  PROGRESS  AND  PROGRAM
PURSUIT  OR  FOR THE FAILURE TO MAINTAIN SUFFICIENT ACADEMIC STANDING TO
RETAIN ELIGIBILITY FOR ANY OTHER FINANCIAL ASSISTANCE THE RECIPIENT  MAY
BE RECEIVING.
  (D) UNLESS OTHERWISE PROVIDED FOR IN THIS SECTION, THE TUITION BENEFIT
SHALL  BE  ON  THE  TERMS AND CONDITIONS SET BY THE DEPARTMENT, PROVIDED
THAT SUCH PERSON SHALL SIGN A CONTRACT TO AGREE TO WORK IN  A  JOB  THAT
REQUIRES  SUCH  PERSON TO BE LICENSED AS A REGISTERED NURSE MORE THAN AN
AVERAGE OF TWENTY HOURS PER WEEK ANYWHERE WITHIN  THIS  STATE;  FOR  TWO
YEARS IF SUCH PERSON WAS IN AN ASSOCIATE IN NURSING PROGRAM; OR FOR FOUR
YEARS  IF  SUCH  PERSON  WERE  IN  A BACHELOR'S OR HIGHER DEGREE NURSING
PROGRAM. SUCH JOB SHALL BEGIN WITHIN ONE YEAR AFTER LEAVING COLLEGE OR A
NURSING DEGREE PROGRAM.
  (E) THE TUITION BENEFIT PROVIDED BY THIS SECTION  SHALL  BE  EFFECTIVE
BEGINNING  WITH  THE  SCHOOL SEMESTER OR QUARTER FOLLOWING ITS ENACTMENT
INTO LAW.
  4. (A) A REGISTERED NURSE WHO DID NOT RECEIVE THE FULL BENEFIT  PURSU-
ANT TO SUBDIVISION THREE OF THIS SECTION OR IS UNDER OBLIGATION TO REPAY
THE  LOANS,  AND IS EMPLOYED MORE THAN AN AVERAGE OF TWENTY HOURS A WEEK
IN A LICENSED AND REGISTERED NURSING JOB IN THIS STATE MAY  REQUIRE  THE
STATE  UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF NEW YORK TO TAKE
OVER ALL OR PART OF SUCH REGISTERED NURSE'S  STUDENT  LOAN  PAYMENTS  IF
SUCH  PERSON AVERAGES MORE THAN THIRTY-FIVE HOURS PER WEEK IN A JOB THAT
REQUIRES SUCH PERSON TO BE LICENSED AS A REGISTERED NURSE.
  (B) IF SUCH PERSON AVERAGES BETWEEN TWENTY AND THIRTY-FIVE  HOURS  PER
WEEK  IN  A JOB THAT REQUIRES SUCH PERSON TO BE LICENSED AS A REGISTERED
NURSE, ONE-HALF OF THE STUDENT LOAN PAYMENTS SHALL BE TAKEN OVER BY SUCH
INSTITUTIONS.
  (C) ONLY HOURS WORKED WITHIN NEW YORK STATE MAY  BE  ELIGIBLE  TOWARDS
THE HOURS OF WORK PER WEEK.
  5.  THE  STATE  UNIVERSITY  OF NEW YORK AND THE CITY UNIVERSITY OF NEW
YORK SHALL CONTINUE TO OPERATE PURSUANT TO  SUBDIVISION  THREE  OF  THIS

A. 5250                             3

SECTION  UNTIL  SUCH  PERSON RECEIVES THE SAME AMOUNT AS WOULD HAVE BEEN
RECEIVED UNDER SUBDIVISION ONE OF THIS  SECTION  OR  UNTIL  SUCH  PERSON
CEASES  TO  BE EMPLOYED MORE THAN TWENTY HOURS PER WEEK IN A JOB IN THIS
STATE THAT REQUIRES SUCH PERSON TO BE LICENSED AS A REGISTERED NURSE, OR
SUCH PERSON'S STUDENT LOANS ARE PAID OFF, WHICHEVER OCCURS FIRST.
  6.  (A)  IF  SUCH BENEFIT PURSUANT TO SUBDIVISION FOUR OF THIS SECTION
CEASES BECAUSE SUCH REGISTERED NURSE CEASES TO BE EMPLOYED MORE THAN  AN
AVERAGE  OF  TWENTY  HOURS PER WEEK IN A JOB IN THIS STATE THAT REQUIRES
SUCH PERSON TO BE LICENSED AS A REGISTERED NURSE, SUCH PERSON MAY  REAP-
PLY WHEN SUCH PERSON BEGINS TO WORK MORE THAN AN AVERAGE OF TWENTY HOURS
PER WEEK.
  (B)  AT  THE  TIME  WHEN  THE BENEFIT CEASES, THE FULL AMOUNT OF MONEY
ADVANCED SUCH PERSON SHALL BE CONVERTED INTO A STUDENT LOAN  AS  DEFINED
IN THE CONTRACT SUCH PERSON SIGNED PURSUANT TO PARAGRAPH (D) OF SUBDIVI-
SION THREE OF THIS SECTION.
  (C)  THE  COMMISSIONER OF HEALTH MAY WAIVE OR DELAY THE ENFORCEMENT OF
THIS SUBDIVISION IN CASES OF EXTREME HARDSHIP.
  7. THE RESPECTIVE INSTITUTIONS SHALL PROVIDE THE DEPARTMENT  OF  TAXA-
TION  AND  FINANCE  ON  A  QUARTERLY  BASIS  WITH PERTINENT INFORMATION,
INCLUDING, BUT NOT LIMITED TO, THE  NAMES,  ADDRESSES,  SOCIAL  SECURITY
NUMBERS,  NAMES AND ADDRESSES OF EMPLOYERS. SUCH INFORMATION SHALL BE IN
A COMPUTER READABLE FORMAT AS SET FORTH BY THE  DEPARTMENT  OF  TAXATION
AND FINANCE.
  S  3. The state finance law is amended by adding a new section 91-h to
read as follows:
  S 91-H. NEW YORK STATE NURSING  RECRUITMENT  INCENTIVE  AND  RETENTION
ACCOUNT.  1.  THERE  IS  HEREBY  ESTABLISHED IN THE JOINT CUSTODY OF THE
STATE COMPTROLLER AND  THE  COMMISSIONER  OF  TAXATION  AND  FINANCE  AN
ACCOUNT IN THE MISCELLANEOUS SPECIAL REVENUE FUND TO BE KNOWN AS THE NEW
YORK STATE NURSING RECRUITMENT INCENTIVE AND RETENTION ACCOUNT.
  2.  SUCH  ACCOUNT SHALL CONSIST OF ALL REVENUES RECEIVED FROM CONTRIB-
UTIONS, DONATIONS AND OTHER MONEYS CREDITED OR TRANSFERRED THERETO  FROM
ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3.  MONEYS  OF THE ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE
MAY BE EXPENDED FOR THE NEW YORK STATE NURSING RECRUITMENT INCENTIVE AND
RETENTION PROGRAM. MONEYS SHALL BE PAID OUT OF THE ACCOUNT ON THE  AUDIT
AND  WARRANT  OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED
BY THE ADJUTANT GENERAL OF NEW YORK STATE.
  S 4. This act shall take effect July 1, 2010.  Effective  immediately,
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the implementation of  this  act  on  its  effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.