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
                               ___________

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.