NY State Senate Bill 2023-S5167

Senate Bill S5167

2023-2024 Legislative Session

Creates a volunteer firefighter scholarship program and a volunteer firefighter scholarship fund; appropriation

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Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
Feb 23, 2023	referred to finance

co-Sponsors

2023-S5167 (ACTIVE) - Details

See Assembly Version of this Bill:: A6036
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Add §669-i, Ed L; add §91-e, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6283
2021-2022: S3656

2023-S5167 (ACTIVE) - Summary

Creates a volunteer firefighter scholarship program and a volunteer firefighter scholarship fund; rewards volunteer firefighters who respond to twenty-five percent of emergency calls for eight years with a student loan award equal to four times the SUNY tuition rate; makes an appropriation therefor.

2023-S5167 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5167

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the education law and the state finance law, in relation
to creating a volunteer firefighter scholarship program and a volunteer
fire fighter scholarship fund; and making an appropriation relating
therefor

 
PURPOSE:

This legislation would help to address the continuing difficulty local
volunteer fire and emergency medical service (EMS) departments have had
recruiting and retaining volunteers. This difficulty is particularly
true for young people who are hard pressed to pursue their careers and
their education while volunteering for these critically important
services.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: adds a new section to § 669-i establishing the Volunteer

Firefighter Scholarship Program.

(a) A volunteer firefighter scholarship award shall be made to an appli-
cant who: serves as an active volunteer firefighter who has at tended
twenty-five percent of emergency calls for each year (8 year program).
Student loans eligible for this program are: (1) student loans accrued
while attending a private or public institution of higher education
within New York state from which the recipient received credits which
were used to acquire a bachelor's degree at an approved program; or

(2) student loans accrued while attending an accredited trade school or
vocational program within New York state from which the recipient
received a certificate or license.

2. Amount. Within amounts appropriated therefor and based on availabili-
ty of funds, awards shall be granted to applicants that the office has
determined are eligible to receive such awards. The office shall grant
such awards in an amount up to four times the current tuition rate, at a
state university of New York college.

3. Conditions. A recipient shall agree to reside exclusively in New York
State and shall not be employed in any other state, for eight years.
Recipient serves as an active volunteer firefighter who has attended
twenty-five percent of emergency calls for each year (8 year program).

4. Contract. (a) A recipient shall sign a contract with the office to
Have his or her full award converted to a student loan according to a
schedule to be determined by the office if such recipient fails to
fulfill the requirements set out in subdivision three of this section
unless such requirement is waived by the commissioner. The terms and
conditions of the contract shall be established by the rules and regu-
lations by the office. A waiver issued by the commissioner shall only be
for up to one year of requirements and must be renewed by the commission
to waive requirements for additional years. Any obligation to comply
with such provisions as outlined in this paragraph shall be cancelled
upon the death of the recipient.

(b) The commissioner may, in extreme circumstances including, but not
limited to, temporary or permanent, disability, illness and family emer-
gency resulting in relocation or extended family leave, waive an amount
of the award converted into a student loan equal to the amount of the
award multiplied by the years the recipient fulfilled his or her
requirements under subdivision three of this section divided by eight.

5. Recipient selection. The office shall establish: (a) an application
deadline of within two years of completing a qualifying course of study;
a method of selecting recipients if in any given year there are insuffi-
cient funds to cover the needs of all the applicant s provided that
priority shall be given to eligible applicants; and (c) a method of
recording how much each recipient owes in student loans at any time, how
much each recipient had taken out in principal in student loans and how
much has been paid on each recipient's student loans by the program.

6. Rules and regulations. The office is authorized to promulgate rules
And regulations, and may promulgate emergency regulations, necessary for
the implementation of the provisions of this section including, but not
limited to, the criteria for distributing the awards, which may include
a lottery or other form of random selection.

 
JUSTIFICATION:

During the last several years it has become increasingly difficult for
local volunteer fire and EMS departments, especially rural communities
in Upstate and Western New York, to recruit and retain new members.
Given modern obligations, and the rising cost of living for all New
Yorkers prohibits many individuals from serving in a volunteer capacity.

Using various concepts of the Excelsior Scholarship program which are
aimed at retaining college graduates to New York State, this legislation
offers a loan forgiveness option for students that meet requirements
outlined in the bill and serve their community as a volunteer firefight-
er.

This legislation offers volunteer firefighters a direct benefit of loan
forgiveness, not only opening the doors for more young people and
students to exit, college debt free, but also assist local volunteer
fire companies recruit young people who are attending college and are
willing to volunteer their time to become part of a local firefighter or
emergency medical services organization.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S. 3656 Referred to Finance

2019-2020: Referred to Finance. New Bill.

 
FISCAL IMPLICATIONS:

Annual Cap of $1 Million

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5167 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5167
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the education law and the state finance law, in relation
   to creating a volunteer firefighter scholarship program and  a  volun-
   teer fire fighter scholarship fund; and making an appropriation relat-
   ing therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section  669-i
 to read as follows:
   §  669-I.  VOLUNTEER FIREFIGHTER SCHOLARSHIP PROGRAM. 1.  ELIGIBILITY.
 (A) A VOLUNTEER FIREFIGHTER SCHOLARSHIP AWARD SHALL BE MADE TO AN APPLI-
 CANT WHO:
   (I) SERVES AS AN ACTIVE VOLUNTEER FIREFIGHTER AS DEFINED  IN  SUBDIVI-
 SION ONE OF SECTION TWO HUNDRED FIFTEEN OF THE GENERAL MUNICIPAL LAW WHO
 HAS ATTENDED TWENTY-FIVE PERCENT OF EMERGENCY CALLS FOR EACH YEAR; AND
   (II)  COMPLIES  WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE AND ALL
 REQUIREMENTS PROMULGATED BY THE OFFICE OF HIGHER EDUCATION,  HEREINAFTER
 REFERRED TO AS THE "OFFICE", FOR THE ADMINISTRATION OF THE PROGRAM.
   (B) STUDENT LOANS ELIGIBLE FOR THIS PROGRAM ARE:
   (I) STUDENT LOANS ACCRUED WHILE ATTENDING A PRIVATE OR PUBLIC INSTITU-
 TION  OF HIGHER EDUCATION WITHIN NEW YORK STATE FROM WHICH THE RECIPIENT
 RECEIVED CREDITS WHICH WERE USED TO ACQUIRE A BACHELOR'S  DEGREE  AT  AN
 APPROVED PROGRAM; OR
   (II)  STUDENT LOANS ACCRUED WHILE ATTENDING AN ACCREDITED TRADE SCHOOL
 OR VOCATIONAL PROGRAM WITHIN NEW YORK STATE  FROM  WHICH  THE  RECIPIENT
 RECEIVED A CERTIFICATE OR LICENSE.
   2.  AMOUNT.  WITHIN  AMOUNTS APPROPRIATED THEREFOR AND BASED ON AVAIL-
 ABILITY OF FUNDS, AWARDS SHALL BE GRANTED TO APPLICANTS THAT THE  OFFICE
 HAS  DETERMINED  ARE  ELIGIBLE  TO RECEIVE SUCH AWARDS. THE OFFICE SHALL
 GRANT SUCH AWARDS IN AN AMOUNT UP TO FOUR TIMES THE CURRENT TUITION RATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05500-01-3

 S. 5167                             2
 
 AT A STATE UNIVERSITY OF NEW YORK COLLEGE. UPON NOTIFICATION OF AN AWARD
 UNDER THIS PROGRAM, THE OFFICE SHALL PAY THE INTEREST ON THE RECIPIENT'S
 STUDENT LOANS FOR EIGHT YEARS AND, UPON THE COMPLETION OF THE  PROGRAM'S
 REQUIREMENTS,  ANY  REMAINING  STUDENT LOAN INTEREST AND PRINCIPAL UP TO
 FOUR TIMES THE CURRENT TUITION RATE AT A STATE UNIVERSITY  OF  NEW  YORK
 COLLEGE.  IF THE AMOUNT OF THE RECIPIENT'S REMAINING STUDENT LOAN INTER-
 EST AND PRINCIPAL IS LESS THAN FOUR TIMES THE CURRENT TUITION RATE AT  A
 STATE  UNIVERSITY  OF  NEW  YORK  COLLEGE  AT THE END OF THE PROGRAM, AN
 AMOUNT EQUAL TO THE  DIFFERENCE  BETWEEN  (A)  FOUR  TIMES  THE  CURRENT
 TUITION  RATE  AT  A STATE UNIVERSITY OF NEW YORK COLLEGE OR THE INITIAL
 PRINCIPAL ON THE RECIPIENT'S STUDENT LOANS, WHICHEVER IS LESS,  AND  (B)
 THE  AMOUNT  OF  PRINCIPAL  AND  INTEREST PAID AT THE END OF THE PROGRAM
 SHALL BE ISSUED TO THE RECIPIENT. IN THE EVENT THAT A RECIPIENT FAILS TO
 MAINTAIN ELIGIBILITY IN THE PROGRAM, NO FURTHER PAYMENTS SHALL  BE  MADE
 UNTIL THE RECIPIENT AGAIN BECOMES ELIGIBLE FOR THE PROGRAM.
   3.  CONDITIONS.  (A)  A RECIPIENT SHALL AGREE TO RESIDE EXCLUSIVELY IN
 NEW YORK STATE AND SHALL NOT BE EMPLOYED IN ANY OTHER STATE,  FOR  EIGHT
 YEARS.
   (B) A RECIPIENT SHALL BE AN ACTIVE VOLUNTEER FIREFIGHTER AS DEFINED IN
 SUBDIVISION  ONE OF SECTION TWO HUNDRED FIFTEEN OF THE GENERAL MUNICIPAL
 LAW WHO HAS ATTENDED TWENTY-FIVE PERCENT OF  EMERGENCY  CALLS  FOR  EACH
 YEAR, FOR EIGHT YEARS. THE RECIPIENT SHALL ANNUALLY SUBMIT TO THE OFFICE
 AN  AFFIDAVIT  SIGNED  BY HIS OR HER CHIEF OR COMPANY DIRECTOR VERIFYING
 THE RECIPIENT'S PARTICIPATION IN EMERGENCY CALLS IS AT OR ABOVE  TWENTY-
 FIVE PERCENT FOR THE PRIOR YEAR.
   4.  CONTRACT. (A) A RECIPIENT SHALL SIGN A CONTRACT WITH THE OFFICE TO
 HAVE HIS OR HER FULL AWARD CONVERTED TO A STUDENT LOAN  ACCORDING  TO  A
 SCHEDULE  TO  BE  DETERMINED  BY  THE  OFFICE IF SUCH RECIPIENT FAILS TO
 FULFILL THE REQUIREMENTS SET OUT IN SUBDIVISION THREE  OF  THIS  SECTION
 UNLESS  SUCH  REQUIREMENT  IS  WAIVED BY THE COMMISSIONER. THE TERMS AND
 CONDITIONS OF THE CONTRACT SHALL BE ESTABLISHED BY THE RULES  AND  REGU-
 LATIONS BY THE OFFICE. A WAIVER ISSUED BY THE COMMISSIONER SHALL ONLY BE
 FOR UP TO ONE YEAR OF REQUIREMENTS AND MUST BE RENEWED BY THE COMMISSION
 TO  WAIVE  REQUIREMENTS  FOR  ADDITIONAL YEARS. ANY OBLIGATION TO COMPLY
 WITH SUCH PROVISIONS AS OUTLINED IN THIS PARAGRAPH  SHALL  BE  CANCELLED
 UPON THE DEATH OF THE RECIPIENT.
   (B)  THE COMMISSIONER MAY, IN EXTREME CIRCUMSTANCES INCLUDING, BUT NOT
 LIMITED TO, TEMPORARY OR PERMANENT DISABILITY, ILLNESS AND FAMILY  EMER-
 GENCY  RESULTING IN RELOCATION OR EXTENDED FAMILY LEAVE, WAIVE AN AMOUNT
 OF THE AWARD CONVERTED INTO A STUDENT LOAN EQUAL TO THE  AMOUNT  OF  THE
 AWARD  MULTIPLIED  BY  THE  YEARS  THE  RECIPIENT  FULFILLED  HIS OR HER
 REQUIREMENTS UNDER SUBDIVISION THREE OF THIS SECTION DIVIDED BY EIGHT.
   (C) NOTWITHSTANDING ANY PROVISIONS OF THIS PARAGRAPH TO THE  CONTRARY,
 THE  OFFICE IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE
 FOR THE WAIVER OR SUSPENSION OF ANY  FINANCIAL  OBLIGATION  WHICH  WOULD
 INVOLVE EXTREME HARDSHIP.
   5. RECIPIENT SELECTION. THE OFFICE SHALL ESTABLISH: (A) AN APPLICATION
 DEADLINE OF WITHIN TWO YEARS OF COMPLETING A QUALIFYING COURSE OF STUDY;
 (B)  A  METHOD  OF  SELECTING  RECIPIENTS IF IN ANY GIVEN YEAR THERE ARE
 INSUFFICIENT FUNDS TO COVER THE NEEDS OF  ALL  THE  APPLICANTS  PROVIDED
 THAT PRIORITY SHALL BE GIVEN TO ELIGIBLE APPLICANTS; AND (C) A METHOD OF
 RECORDING HOW MUCH EACH RECIPIENT OWES IN STUDENT LOANS AT ANY TIME, HOW
 MUCH  EACH RECIPIENT HAD TAKEN OUT IN PRINCIPAL IN STUDENT LOANS AND HOW
 MUCH HAS BEEN PAID ON EACH RECIPIENT'S STUDENT LOANS BY THE PROGRAM.
   6. RULES AND REGULATIONS. THE OFFICE IS AUTHORIZED TO PROMULGATE RULES
 AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR
 S. 5167                             3
 
 THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION INCLUDING, BUT  NOT
 LIMITED  TO, THE CRITERIA FOR DISTRIBUTING THE AWARDS, WHICH MAY INCLUDE
 A LOTTERY OR OTHER FORM OF RANDOM SELECTION.
   § 2.  The state finance law is amended by adding a new section 91-e to
 read as follows:
   §  91-E.  VOLUNTEER  FIREFIGHTER  SCHOLARSHIP FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
 COMMISSIONER  OF  TAXATION AND FINANCE A FUND TO BE KNOWN AS THE "VOLUN-
 TEER FIREFIGHTER SCHOLARSHIP FUND".
   2. SUCH FUND SHALL CONSIST OF  ALL  REVENUES  RECEIVED  FROM  CONTRIB-
 UTIONS,  DONATIONS AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR TRANS-
 FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
 BE EXPENDED FOR THE VOLUNTEER  FIREFIGHTER  SCHOLARSHIP  PROGRAM  ESTAB-
 LISHED  PURSUANT  TO  SECTION  SIX HUNDRED SIXTY-NINE-I OF THE EDUCATION
 LAW. MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT  AND  WARRANT  OF
 THE  STATE  COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMIS-
 SIONER OF EDUCATION.
   § 3. The sum of one million dollars ($1,000,000), or so  much  thereof
 as may be necessary, is hereby appropriated to the volunteer firefighter
 scholarship  fund  as  established pursuant to section 91-e of the state
 finance law from any moneys in the state treasury in the general fund to
 the credit of the account not otherwise appropriated  for  services  and
 expenses  of the account for the purposes of carrying out the provisions
 of this act. Such moneys shall be payable on the audit  and  warrant  of
 the comptroller on vouchers certified or approved by the commissioner of
 education in the manner prescribed by law.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S5167

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Sponsored By

Robert G. Ortt