S T A T E O F N E W Y O R K
________________________________________________________________________
2186
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. THIELE -- 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 providing a recruitment incentive and retention program for volun-
teer firefighters and volunteer emergency medical technicians and
providing for the repeal of such provisions upon expiration thereof
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-e
to read as follows:
S 669-E. VOLUNTEER FIREFIGHTER/EMT RECRUITMENT INCENTIVE AND RETENTION
PROGRAM FOR VOLUNTEER FIREFIGHTERS AND VOLUNTEER EMERGENCY MEDICAL TECH-
NICIANS. 1. THE DEPARTMENT OF STATE IS AUTHORIZED, WITHIN AMOUNTS
APPROPRIATED OR OTHERWISE LAWFULLY AVAILABLE FROM ANY OTHER SOURCE, TO
ESTABLISH A RECRUITMENT INCENTIVE AND RETENTION PROGRAM.
2. DEFINITIONS AS USED IN THIS SECTION:
A. THE TERM "ACTIVE MEMBER" SHALL MEAN A VOLUNTEER FIREFIGHTER, A
VOLUNTEER EMERGENCY MEDICAL TECHNICIAN OR A VOLUNTEER ADVANCED EMERGENCY
MEDICAL TECHNICIAN WHO PROVIDES FIREFIGHTING OR EMERGENCY MEDICAL
SERVICES WITHIN THE STATE AS DECIDED BY THE ADMINISTRATION OR BYLAWS OF
THE GIVEN AGENCY.
B. THE TERM "DEGREE PRODUCING CURRICULUM" SHALL MEAN A SERIES OF
COURSES PROGRAMMED TO CULMINATE IN A SPECIFIC POST-SECONDARY DEGREE OR
DIPLOMA WHEN SUCCESSFULLY COMPLETED.
C. THE TERM "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. THE TERM "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.
LBD03260-01-9
A. 2186 2
E. THE TERM "PART-TIME STUDY" SHALL MEAN ENROLLMENT IN AN APPROVED
POST-SECONDARY 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. THE TERM "INSTITUTION" SHALL MEAN ANY INSTITUTION OF HIGHER EDUCA-
TION RECOGNIZED AND APPROVED BY THE REGENTS OR THE UNIVERSITY OF THE
STATE OF NEW YORK WHICH PROVIDES A COURSE OF STUDY LEADING TO THE GRANT-
ING OF A POST-SECONDARY DEGREE OR DIPLOMA.
G. THE TERM "LEGAL RESIDENT" SHALL MEAN A PERSON WHOSE PRINCIPAL DOMI-
CILE IS LOCATED WITHIN NEW YORK STATE IN EXCESS OF ONE HUNDRED EIGHTY-
SIX DAYS PER YEAR.
3. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL, OR
LOCAL LAW, RULE, OR REGULATION, ANY ACTIVE MEMBER SHALL BE ENTITLED TO
THE TUITION BENEFIT PROVIDED BY THIS SECTION UPON HIS OR HER ENROLLMENT
IN A DEGREE PRODUCING CURRICULUM IN ANY INSTITUTION.
4. UNLESS OTHERWISE PROVIDED FOR IN THIS SECTION, ELIGIBILITY FOR THE
TUITION BENEFIT PROVIDED BY THIS SECTION SHALL BE DETERMINED BY THE
DEPARTMENT OF STATE, WHICH SHALL ISSUE CERTIFICATES OF ELIGIBILITY AND
PROMULGATE SUCH ADMINISTRATIVE RULES AND PROCEDURES AS ARE NECESSARY TO
IMPLEMENT THE TUITION BENEFIT PROVIDED UNDER THIS SECTION.
5. 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.
6. UPON THE RECIPIENT'S ATTAINMENT OF A BACCALAUREATE/MASTERS DEGREE
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 OF STATE FOR A RECIPIENT'S FAILURE TO MAINTAIN GOOD
STANDING AS AN ACTIVE MEMBER, FOR THE 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 ASSIST-
ANCE THE RECIPIENT MAY BE RECEIVING.
7. UNLESS OTHERWISE PROVIDED FOR IN THIS SECTION, THE TUITION BENEFIT
SHALL BE ON THE TERMS AND CONDITIONS SET BY THE DEPARTMENT OF STATE,
PROVIDED THAT ANY SUCH BENEFIT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE
ACTUAL ANNUAL TUITION CHARGED TO THE RECIPIENT OR THE TUITION CHARGED BY
THE STATE UNIVERSITY OF NEW YORK, WHICHEVER IS LESS, OFFSET BY ANY
FINANCIAL ASSISTANCE AND THE TOTAL OF ALL OTHER STATE, FEDERAL, OR OTHER
EDUCATIONAL GRANT AID THAT IS RECEIVED OR RECEIVABLE BY SUCH STUDENT
DURING THE SCHOOL YEAR FOR WHICH SUCH BENEFIT IS APPLICABLE.
8. ANY ACTIVE MEMBER WHO IS ELIGIBLE FOR THE TUITION BENEFIT PROVIDED
BY THIS SECTION MUST APPLY FOR ALL OTHER AVAILABLE STATE, FEDERAL, OR
OTHER EDUCATIONAL GRANT AID AT TIME OF ENROLLMENT. THE DEPARTMENT OF
STATE SHALL ACCESS ALL FINANCIAL ASSISTANCE AVAILABLE ON BEHALF OF ALL
SUCH ACTIVE MEMBERS. ANY GRANT AID OR FINANCIAL ASSISTANCE RECEIVED
SHALL BE UTILIZED TO OFFSET THE COST OF TUITION TO THE MAXIMUM EXTENT
POSSIBLE, EXCEPT THAT NOTHING SHALL REQUIRE THAT AID OR ASSISTANCE
RECEIVED WHICH MAY BE USED TOWARDS COSTS OTHER THAN THAT OF TUITION
SHALL BE APPLIED TOWARD THE COST OF TUITION.
9. THE TUITION BENEFIT PROVIDED BY THIS SECTION SHALL BE EFFECTIVE
BEGINNING WITH THE SCHOOL SEMESTER OR QUARTER FOLLOWING ITS ENACTMENT
INTO LAW.
S 2. Section 604 of the education law is amended by adding a new
subdivision 12 to read as follows:
A. 2186 3
12. A TUITION BENEFIT IS AVAILABLE FOR VOLUNTEER FIREFIGHTERS, VOLUN-
TEER EMERGENCY MEDICAL TECHNICIANS AND VOLUNTEER ADVANCED EMERGENCY
MEDICAL TECHNICIANS WHO PROVIDE FIREFIGHTING OR EMERGENCY MEDICAL
SERVICES WITHIN THE STATE ENROLLED IN APPROVED POST-SECONDARY DEGREE
PROGRAMS IN DEGREE-GRANTING INSTITUTIONS.
S 3. The state finance law is amended by adding a new section 91-h to
read as follows:
S 91-H. VOLUNTEER FIREFIGHTER/EMT 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
VOLUNTEER FIREFIGHTER/EMT RECRUITMENT INCENTIVE AND RETENTION ACCOUNT.
2. SUCH ACCOUNT SHALL CONSIST OF ALL REVENUES RECEIVED FROM CONTRIB-
UTIONS, DONATIONS AND ALL 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 VOLUNTEER FIREFIGHTER/EMT 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. The department of state shall report on the operation and subse-
quent effectiveness of the program created by this act, one year after
it shall have become a law and annually thereafter, to the governor, the
temporary president of the senate and the speaker of the assembly. Upon
the expiration and repeal of the provisions of this act, such department
shall continue to make such report in any year in which any person
receives benefits under the provisions of this act.
S 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall expire and be
deemed repealed 5 years after such effective date; provided that any
person who has begun to receive the benefits of this act prior to its
expiration and repeal shall be entitled to continue to receive the bene-
fits of this act after its expiration and repeal until completion of a
baccalaureate/masters degree or cessation of status as an active member,
whichever occurs first.