S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4491
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by M. of A. PALMESANO, BLANKENBUSH, B. MILLER, GIGLIO, RAIA,
   MONTESANO, WALTER, GRAF, FINCH, CASTORINA -- Multi-Sponsored by --  M.
   of A.  BARCLAY, BARNWELL, CROUCH, LAWRENCE, LOPEZ, McLAUGHLIN, OAKS --
   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".
   §  2.  The  education  law is amended by adding a new section 669-h to
 read as follows:
   § 669-H. 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.
   (E) "PART-TIME STUDY" SHALL MEAN ENROLLMENT IN AN APPROVED POST-SECON-
 DARY  DEGREE  PROGRAM  FOR  AT  LEAST  SIX BUT LESS THAN TWELVE SEMESTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07854-01-7

 A. 4491                             2
 
 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  THE STATE UNIVERSITY 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, STUDENT
 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  STUDENT,  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 REQUEST 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
 SECTION UNTIL SUCH PERSON RECEIVES THE SAME AMOUNT AS  WOULD  HAVE  BEEN
 RECEIVED  UNDER  SUBDIVISION  ONE  OF  THIS SECTION OR UNTIL SUCH PERSON

 A. 4491                             3
 
 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.
   §  3. The state finance law is amended by adding a new section 91-g to
 read as follows:
   § 91-G. 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.
   § 4. This act shall take effect July 1, 2018.  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.