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

                                  2540

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced by M. of A. CROUCH, GIGLIO, McDONOUGH, SALADINO, RAIA, FINCH,
  BARCLAY,  CASTRO, GABRYSZAK, P. LOPEZ, McKEVITT, THIELE, WEISENBERG --
  read once and referred to the Committee on Higher Education

AN ACT to amend the executive law and the education law, in relation  to
  establishing  the  nursing  education  expansion program; to amend the
  state finance law, in relation to establishing  the  "nursing  faculty
  development  program  fund",  the  "nursing capital facilities program
  fund", the "recruitment and promotion program fund", and  the  "county
  match  awards  for  professional education in nursing fund"; making an
  appropriation therefor;  and  providing  for  the  repeal  of  certain
  provisions upon expiration thereof

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

  Section 1. Legislative intent. New York is currently facing a  nursing
shortage.  This act addresses the shortcomings that have resulted in the
nursing shortage. This act will provide scholarships for those  students
who  wish to pursue a career in nursing as well as provide assistance to
current nursing programs to expand their capacity in  order  to  educate
more  nursing  students.  This  act will also provide funding to attract
potential students to study the field of nursing,  beginning  with  high
school aged students.
  S  2.  The  executive  law is amended by adding a new section 209-u to
read as follows:
  S 209-U. NURSING EDUCATION  EXPANSION  PROGRAM.  1.  THERE  IS  HEREBY
ESTABLISHED  THE  NURSING EDUCATION EXPANSION PROGRAM. THE PROGRAM SHALL
INCLUDE BUT NEED NOT BE LIMITED TO THE FACULTY DEVELOPMENT PROGRAM,  THE
CAPITAL FACILITY PROGRAM AND THE RECRUITMENT AND PROMOTION PROGRAM.
  2.  THE  COMMISSIONER  OF  EDUCATION  SHALL  PROVIDE NO LATER THAN ONE
HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS
OF  TWO  THOUSAND  THIRTEEN THAT ADDED THIS SECTION, A STRATEGIC PLAN TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06330-01-3
              

A. 2540                             2

OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY  LEADER  OF
THE ASSEMBLY WHICH SHALL:
  (A)  ESTABLISH  CRITERIA  FOR  THE  AWARDING  OF  FUNDS MADE AVAILABLE
THROUGH THE NURSING EXPANSION PROGRAM; ALL AWARDS SHALL  BE  MADE  ON  A
COMPETITIVE BASIS;
  (B)  PROVIDE A SCHEDULE FOR ISSUANCE OF REQUESTS FOR PROPOSALS FOR THE
NURSING EXPANSION PROGRAM AWARDS;
  (C) PROVIDE A SCHEDULE FOR COMPLETION OF REVIEW OF PROPOSALS SUBMITTED
BY INSTITUTIONS OF HIGHER EDUCATION TO THE OFFICE;
  (D) PROVIDE PROCEDURES FOR THE ISSUANCE OF  AWARDS  FROM  THE  NURSING
EDUCATION EXPANSION PROGRAM.
  3.  THE FACULTY DEVELOPMENT PROGRAM IS HEREBY CREATED TO ASSIST INSTI-
TUTIONS OF HIGHER EDUCATION WITH THE RETENTION AND RECRUITMENT OF  NURS-
ING  FACULTY.  FUNDS APPROPRIATED FOR THIS PROGRAM SHALL BE ADMINISTERED
BY THE COMMISSIONER OF EDUCATION  PURSUANT  TO  REQUEST  FOR  PROPOSALS.
CONSIDERATION  FOR THE ALLOCATION OF AWARDS SHALL BE GIVEN TO ALL INSTI-
TUTIONS OF HIGHER EDUCATION WITHIN THE STATE PROVIDED SUCH  INSTITUTIONS
DEMONSTRATE  TO THE SATISFACTION OF THE COMMISSIONER A SPECIFIC NEED FOR
SUCH FUNDS AND THE MANNER IN WHICH SUCH AWARD FOR  THE  RECRUITMENT  AND
RETENTION  OF  NURSING  FACULTY  WOULD ENHANCE THE NURSING EDUCATION AND
TRAINING CAPABILITIES AND REPUTATION OF THE INSTITUTION.
  THE NURSING EDUCATION EXPANSION PROGRAM SHALL ISSUE AWARDS  OF  UP  TO
TWENTY  THOUSAND  DOLLARS  PER FACULTY MEMBER ANNUALLY. INSTITUTIONS MAY
APPLY FOR NO MORE THAN THREE AWARDS PER INSTITUTION  PER  AWARD  LENGTH.
THE  COMMISSIONER OF EDUCATION SHALL PROMULGATE RULES AND REGULATIONS TO
ESTABLISH:
  (A) MATCHING FUNDS REQUIRED FROM THE ACADEMIC INSTITUTIONS;
  (B) A SCHEDULE FOR AN ANNUAL  REDUCTION  OF  THE  FACULTY  DEVELOPMENT
AWARD,  AND  A  CORRESPONDING  INCREASE  IN  THE MATCHING FUNDS FROM THE
ACADEMIC INSTITUTION; AND
  (C) OTHER RULES AND REGULATIONS DEEMED NECESSARY BY  THE  COMMISSIONER
OF EDUCATION FOR THE ADMINISTRATION OF THIS PROGRAM.
  4.  (A)  THE  CAPITAL FACILITY PROGRAM SHALL PROVIDE FINANCING FOR THE
DESIGN, ACQUISITION,  CONSTRUCTION,  RECONSTRUCTION,  REHABILITATION  OR
IMPROVEMENT OF NURSING FACILITIES, INCLUDING EQUIPMENT.
  (B)  ONLY  AN  INSTITUTION  WITH  A PROGRAM THAT PREPARES A STUDENT TO
RECEIVE A LICENSE TO PRACTICE NURSING AS DEFINED IN  SECTION  SIXTY-NINE
HUNDRED  FIVE  AND  SECTION SIXTY-NINE HUNDRED SIX OF THE EDUCATION LAW,
AND A PROGRAM THAT PREPARES A STUDENT TO RECEIVE A CERTIFICATE FOR NURSE
PRACTITIONER PRACTICE AS DEFINED IN SECTION SIXTY-NINE  HUNDRED  TEN  OF
THE EDUCATION LAW SHALL BE ELIGIBLE TO ACT AS A PRIMARY HOST INSTITUTION
FOR A CAPITAL FACILITIES AWARD AS DESCRIBED IN THIS SUBDIVISION.
  (C)  THE CAPITAL FACILITY PROGRAM SHALL ALSO PROVIDE FINANCING FOR THE
RECONSTRUCTION, REHABILITATION OR  IMPROVEMENT  OF  EXISTING  LABORATORY
FACILITIES. FUNDS AVAILABLE PURSUANT TO THIS SUBDIVISION SHALL BE AVAIL-
ABLE  FOR  NURSING FACILITIES AT ALL INSTITUTIONS OF HIGHER EDUCATION IN
NEW YORK STATE.
  (D) THE CAPITAL FACILITY PROGRAM  SHALL  ALSO  PROVIDE  FINANCING  FOR
EQUIPMENT, SUCH AS BUT NOT LIMITED TO SOFTWARE AND SIMULATION EQUIPMENT.
  (E)  THE  STATE EDUCATION DEPARTMENT, THE CITY UNIVERSITY CONSTRUCTION
FUND AND THE SUNY CONSTRUCTION FUND, MAY  CONTRACT  WITH  THE  DORMITORY
AUTHORITY  OF THE STATE OF NEW YORK TO PROVIDE FINANCING FOR THE DESIGN,
CONSTRUCTION, ACQUISITION, RECONSTRUCTION,  REHABILITATION  AND  GENERAL
IMPROVEMENT  OF  NURSING  FACILITIES  FOR  THOSE  INSTITUTIONS RECEIVING
AWARDS.

A. 2540                             3

  5. THE RECRUITMENT AND PROMOTION PROGRAM IS HEREBY CREATED TO  PROVIDE
RESOURCES FOR, BUT NOT LIMITED TO, PROMOTIONAL MATERIAL, ADVERTISING AND
INTERNSHIPS  TO  ATTRACT  STUDENTS TO THE FIELD OF NURSING. NO LESS THAN
FIFTY PERCENT OF THESE  FUNDS  MUST  GO  TO  RECRUITMENT  AND  PROMOTION
EFFORTS AIMED AT HIGH SCHOOL STUDENTS.
  S  3.  Section  605  of  the  education law is amended by adding a new
subdivision 2-a to read as follows:
  2-A. REGENTS NURSING SHORTAGE SCHOLARSHIPS.  AT LEAST  THIRTY  PERCENT
OF  THE  REGENTS  PROFESSIONAL EDUCATION IN NURSING SCHOLARSHIPS AWARDED
EACH YEAR SHALL BE AWARDED TO  STUDENTS  BEGINNING  OR  ENGAGED  IN  THE
PROFESSIONAL  STUDY  IN  NURSING  WHO  AGREE  TO  PRACTICE  NURSING UPON
COMPLETION OF THEIR PROFESSIONAL TRAINING IN AN AREA IN NEW  YORK  STATE
DESIGNATED  AS  HAVING  A SHORTAGE OF NURSES, PROVIDED, HOWEVER, THAT TO
THE EXTENT THAT REGENTS NURSING SHORTAGE SCHOLARSHIPS ARE  NOT  AWARDED,
SUCH  SCHOLARSHIPS SHALL BE AWARDED AS REGENTS PROFESSIONAL EDUCATION IN
NURSING SCHOLARSHIPS. THE PROVISIONS  OF  THIS  SUBDIVISION  SHALL  ONLY
APPLY TO ANY RECIPIENT WHO RECEIVES HIS OR HER FIRST AWARD PAYMENT PRIOR
TO THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN ACADEMIC YEAR.
  A.  IN  SELECTING  AND  CERTIFYING  SCHOLARSHIP  RECIPIENTS UNDER THIS
SECTION, PRIORITY SHALL BE  ACCORDED  TO  APPLICANTS  IN  THE  FOLLOWING
ORDER:
  (I) FIRST, TO ANY APPLICANT WHO:
  (1) HAS A FAMILY INCOME OF SIX THOUSAND DOLLARS OR LESS; AND
  (2)  RESIDES  IN  AN  AREA  DESIGNATED  AS HAVING A SHORTAGE OF NURSES
PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION;
  (II) SECOND, TO ANY APPLICANT WHO HAS A FAMILY INCOME OF SIX  THOUSAND
DOLLARS OR LESS;
  (III) THIRD, TO ANY APPLICANT WHO:
  (1) HAS A FAMILY INCOME OF TEN THOUSAND DOLLARS OR LESS; AND
  (2)  RESIDES  IN  AN  AREA  DESIGNATED  AS HAVING A SHORTAGE OF NURSES
PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION;
  (IV) FOURTH, TO ANY APPLICANT WHO HAS A FAMILY INCOME OF TEN  THOUSAND
DOLLARS OR LESS;
  (V) FIFTH, TO ANY OTHER APPLICANT.
  B.  WITH  RESPECT TO RECIPIENTS WHO HAVE RECEIVED AWARD PAYMENTS PRIOR
TO THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN ACADEMIC YEAR,  WITH
SUCH  TIME  AS THE COMMISSIONER SHALL BY REGULATION PROVIDE, A RECIPIENT
OF AN AWARD SHALL HAVE PRACTICED NURSING IN AN AREA DESIGNATED AS HAVING
A SHORTAGE OF NURSES PURSUANT TO PARAGRAPH D  OF  THIS  SUBDIVISION  FOR
THAT  NUMBER  OF  MONTHS CALCULATED BY MULTIPLYING BY NINE THE NUMBER OF
ANNUAL AWARDS HE OR SHE RECEIVED. IF A RECIPIENT FAILS TO  COMPLY  FULLY
WITH  SUCH  CONDITION,  THE  PRESIDENT SHALL BE ENTITLED TO RECOVER FROM
SUCH RECIPIENT AN AMOUNT WHICH BEARS THE SAME RATIO TO (I) THE AGGREGATE
OF THE AMOUNT OF THE AWARDS RECEIVED AS (II) THE NUMBER  OF  MONTHS  THE
RECIPIENT  FAILED  TO  COMPLY WITH THIS CONDITION BEARS TO THE NUMBER OF
MONTHS HE OR SHE WAS OBLIGATED TO COMPLY WITH THIS  CONDITION,  TOGETHER
WITH INTEREST AT SEVEN PERCENT PER ANNUM COMPUTED FROM THE DATE ON WHICH
HE OR SHE COMPLETED HIS OR HER PROFESSIONAL TRAINING AND/OR ACTIVE MILI-
TARY  SERVICE.  A  RECIPIENT  SHALL  NOT  BE REQUIRED TO COMPLY WITH THE
PROVISIONS OF THIS PARAGRAPH UNLESS HE OR  SHE  SHALL  HAVE  RECEIVED  A
NURSING  DEGREE  AND ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS SHALL
BE CANCELLED UPON HIS OR HER DEATH. THE REGENTS SHALL  MAKE  REGULATIONS
TO  PROVIDE  FOR  THE  WAIVER  OR SUSPENSION OF ANY FINANCIAL OBLIGATION
WHERE COMPLIANCE WOULD INVOLVE EXTREME HARDSHIP.
  C. THE REQUIREMENTS OF THIS PARAGRAPH SHALL APPLY TO ANY RECIPIENT WHO
RECEIVES HIS OR HER FIRST AWARD PAYMENT COMMENCING WITH THE TWO THOUSAND

A. 2540                             4

THIRTEEN--TWO THOUSAND FOURTEEN ACADEMIC YEAR OR SUBSEQUENTLY,  AND  THE
REQUIREMENTS  OF PARAGRAPH B OF THIS SUBDIVISION SHALL NOT APPLY TO SUCH
RECIPIENTS. WITHIN SUCH TIME AS THE  COMMISSIONER  SHALL  BY  REGULATION
PROVIDE, A RECIPIENT OF AN AWARD SHALL HAVE PRACTICED NURSING IN AN AREA
DESIGNATED  AS  HAVING  A  SHORTAGE OF NURSES PURSUANT TO PARAGRAPH D OF
THIS SUBDIVISION FOR THAT NUMBER OF MONTHS CALCULATED BY MULTIPLYING  BY
NINE THE NUMBER OF ANNUAL AWARDS RECEIVED BY THE RECIPIENT. IF A RECIPI-
ENT  FAILS  TO  COMPLY FULLY WITH SUCH CONDITION, THE PRESIDENT SHALL BE
ENTITLED TO RECOVER FROM SUCH RECIPIENT  AN  AMOUNT  DETERMINED  BY  THE
FORMULA:
                              A = 2B (T-S)
                                      ---
                                       T
IN  WHICH "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO RECOVER; "B" IS
THE SUM OF ALL AWARDS PAID TO THE RECIPIENT AND  THE  INTEREST  ON  SUCH
AMOUNT WHICH WOULD BE PAYABLE IF AT THE TIMES SUCH AWARDS WERE PAID THEY
WERE  LOANS  BEARING INTEREST AT THE MAXIMUM PREVAILING RATE; "T" IS THE
TOTAL NUMBER OF MONTHS IN THE RECIPIENT'S PERIOD OF OBLIGATED  SERVICES;
AND  "S"  IS  THE  NUMBER  OF MONTHS OF SERVICE ACTUALLY RENDERED BY THE
RECIPIENT. ANY AMOUNT WHICH THE PRESIDENT IS ENTITLED TO  RECOVER  UNDER
THIS PARAGRAPH SHALL BE PAID WITHIN THE ONE YEAR PERIOD BEGINNING ON THE
DATE  THAT THE RECIPIENT FAILED TO COMPLY WITH THIS CONDITION. A RECIPI-
ENT SHALL NOT BE REQUIRED TO COMPLY WITH THE PROVISIONS  OF  THIS  PARA-
GRAPH UNLESS HE OR SHE SHALL HAVE RECEIVED A NURSING DEGREE AND UNTIL HE
OR  SHE SHALL HAVE COMPLETED HIS OR HER PROFESSIONAL TRAINING, OR ACTIVE
MILITARY SERVICE, OR BOTH. ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS
SHALL BE CANCELLED UPON THE DEATH OF  THE  RECIPIENT.  THE  COMMISSIONER
SHALL  MAKE  REGULATIONS  TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY
FINANCIAL OBLIGATION WHERE COMPLIANCE WOULD INVOLVE EXTREME HARDSHIP.
  D. THE REGENTS, AFTER CONSULTATION WITH THE  COMMISSIONER  OF  HEALTH,
SHALL  DESIGNATE  THOSE AREAS OF NEW YORK STATE WHICH HAVE A SHORTAGE OF
NURSES FOR THE PURPOSES OF THIS SUBDIVISION AND, SHOULD IT BE  NECESSARY
IN  SELECTING  AMONG  THE APPLICANTS, MAY ESTABLISH RELATIVE RANKINGS OF
THOSE AREAS.
  E. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW YORK STATE
HIGHER EDUCATION SERVICES CORPORATION, ON FORMS PRESCRIBED BY IT, AS  TO
THE  PERFORMANCE  OF  THE  REQUIRED  SERVICES OR THE RECIPIENT'S CURRENT
STATUS, COMMENCING THE CALENDAR YEAR FOLLOWING GRADUATION  FROM  NURSING
SCHOOL AND CONTINUING UNTIL THE RECIPIENT SHALL HAVE COMPLETED, OR IT IS
DETERMINED  HE  OR  SHE SHALL NOT BE OBLIGATED TO COMPLETE, THE REQUIRED
SERVICES. THE CORPORATION MAY ALSO  REQUIRE  THE  RECIPIENT  TO  FILE  A
REPORT  ON  HIS  OR  HER  CURRENT  STATUS PRIOR TO GRADUATION DURING ANY
CALENDAR YEAR IN WHICH AN APPLICATION FOR AN  ADDITIONAL  AWARD  IS  NOT
FILED.  IF  THE RECIPIENT SHALL FAIL TO FILE ANY REPORT REQUIRED IN THIS
SUBDIVISION WITHIN THIRTY DAYS  OF  WRITTEN  NOTICE  TO  THE  RECIPIENT,
MAILED TO THE ADDRESS SHOWN ON THE LAST APPLICATION FOR AN AWARD OR LAST
REPORT  FILED, WHICHEVER IS LATER, THE PRESIDENT MAY IMPOSE A FINE OF UP
TO ONE THOUSAND DOLLARS.   THE PRESIDENT SHALL HAVE  THE  DISCRETION  TO
WAIVE  THE FILING OF A REPORT, EXCUSE A DELAY IN FILING, OR A FAILURE TO
FILE A REPORT, OR WAIVE OR REDUCE ANY FINE IMPOSED FOR GOOD CAUSE SHOWN.
  S 4. The education law is amended by adding a  new  section  606-a  to
read as follows:
  S 606-A. COUNTY MATCHING AWARDS FOR PROFESSIONAL EDUCATION IN NURSING.
EACH  COUNTY  OF  THE  STATE IS HEREBY AUTHORIZED TO ESTABLISH AWARDS IN
SUCH MANNER AS THE LOCAL LEGISLATIVE BODY OF SUCH COUNTY MAY  DETERMINE,
FOR  ATTENDANCE  BY LEGAL RESIDENTS OF THIS STATE, WHO MEET THE CITIZEN-

A. 2540                             5

SHIP REQUIREMENTS ESTABLISHED BY ARTICLE FOURTEEN OF  THIS  CHAPTER  FOR
THE PROFESSIONAL STUDY OF NURSING AT APPROVED NURSING SCHOOLS WITHIN NEW
YORK  STATE,  CONDITIONED  UPON THE PROMISE OF THE SCHOLARSHIP HOLDER TO
PRACTICE  NURSING  IN  SUCH COUNTY FOR SUCH PERIOD AS SUCH BODY MAY FIX,
FOLLOWING HIS OR HER LICENSING AS A NURSE. EACH SUCH AWARD SHALL ENTITLE
THE RECIPIENT TO SUCH SUM OF MONEY AS MAY BE FIXED BY SUCH BODY WHILE IN
ATTENDANCE AT APPROVED NURSING SCHOOLS IN NEW YORK STATE DURING A PERIOD
OF NOT TO EXCEED FOUR YEARS  OF  PROFESSIONAL  STUDY.  FOR  EACH  DOLLAR
PROVIDED  BY  THE  COUNTY  FOR  SUCH AWARD, EQUAL STATE DOLLARS SHALL BE
PROVIDED, UP TO BUT NOT EXCEEDING TWO  THOUSAND  FIVE  HUNDRED  DOLLARS.
SUCH  AWARDS  MAY, AS AN ALTERNATIVE TO AWARDS HEREIN BEFORE AUTHORIZED,
BE GRANTED BY ANY SUCH COUNTY TO THOSE ALREADY SO LICENSED  TO  PRACTICE
NURSING  UPON THE PROMISE OF SUCH GRANTEES TO PRACTICE WITHIN THE COUNTY
FOR A PERIOD OF TIME AND UPON SUCH TERMS AND CONDITIONS  AS  THE  COUNTY
MAY FIX, PROVIDED SUCH RECIPIENT DID NOT RECEIVE A SIMILAR AWARD WHILE A
STUDENT. THE COUNTY SHALL APPROPRIATE ANNUALLY SUCH SUMS OF MONEY AS MAY
BE  NECESSARY TO DEFRAY THE COSTS OF SUCH AWARDS AND MONEYS SO APPROPRI-
ATED SHALL BE DEEMED APPROPRIATED FOR A LAWFUL COUNTY PURPOSE AND  SHALL
BE  RAISED BY THE SAME METHOD AS MONEYS REQUIRED FOR OTHER LAWFUL COUNTY
PURPOSES. THE COUNTY MAY APPLY FOR NO MORE THAN FOUR  AWARDS  PER  AWARD
LENGTH.
  S  5.  The  state  finance  law is amended by adding four new sections
99-u, 99-v, 99-w, and 99-x to read as follows:
  S 99-U. NURSING FACULTY DEVELOPMENT PROGRAM FUND. 1. THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT CUSTODY OF THE STATE COMPTROLLER AND COMMIS-
SIONER OF EDUCATION A SPECIAL FUND TO BE KNOWN AS THE  "NURSING  FACULTY
DEVELOPMENT PROGRAM FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR THE PURPOSE
OF SUCH FUND.
  3. MONIES OF THE FUND SHALL BE AVAILABLE TO THE NURSING FACULTY DEVEL-
OPMENT PROGRAM FUND FOR THE PURPOSES OF ASSISTING INSTITUTIONS OF HIGHER
EDUCATION WITH THE  RETENTION AND RECRUITMENT OF NURSING FACULTY  PURSU-
ANT  TO SUBDIVISION THREE OF SECTION TWO HUNDRED NINE-U OF THE EXECUTIVE
LAW.
  4. THE MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT  AND  WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF  EDUCATION,  OR BY AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF EDUCA-
TION DESIGNATED BY SUCH COMMISSIONER.
  S 99-V. NURSING CAPITAL FACILITIES PROGRAM FUND. 1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT CUSTODY OF THE STATE COMPTROLLER AND COMMIS-
SIONER OF EDUCATION A SPECIAL FUND TO BE KNOWN AS THE  "NURSING  CAPITAL
FACILITIES PROGRAM FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR THE PURPOSE
OF SUCH FUND.
  3. MONIES OF THE FUND SHALL BE AVAILABLE TO THE NURSING CAPITAL FACIL-
ITIES PROGRAM FUND FOR THE  PURPOSES  OF  PROVIDING  FINANCING  FOR  THE
DESIGN,  ACQUISITION,    CONSTRUCTION, RECONSTRUCTION, REHABILITATION OR
IMPROVEMENT OF NURSING FACILITIES    PURSUANT  TO  SUBDIVISION  FOUR  OF
SECTION TWO HUNDRED NINE-U OF THE EXECUTIVE LAW.
  4.  THE  MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF EDUCATION, OR BY AN OFFICER OR EMPLOYEE OF THE DEPARTMENT  OF  EDUCA-
TION DESIGNATED BY SUCH COMMISSIONER.
  S  99-W.  RECRUITMENT  AND  PROMOTION PROGRAM FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE  COMPTROLLER  AND  COMMIS-

A. 2540                             6

SIONER  OF  EDUCATION A SPECIAL FUND TO BE KNOWN AS THE "RECRUITMENT AND
PROMOTION PROGRAM FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR THE PURPOSE
OF SUCH FUND.
  3. MONIES OF THE FUND  SHALL  BE  AVAILABLE  TO  THE  RECRUITMENT  AND
PROMOTION  PROGRAM  FUND  FOR  THE  PURPOSES  OF PROVIDING RESOURCES FOR
ATTRACTING STUDENTS TO THE FIELD OF NURSING PURSUANT TO SUBDIVISION FIVE
OF SECTION TWO HUNDRED NINE-U OF THE EXECUTIVE LAW.
  4. THE MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT  AND  WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF  EDUCATION,  OR BY AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF EDUCA-
TION DESIGNATED BY SUCH COMMISSIONER.
  S 99-X. COUNTY MATCH AWARDS  FOR  PROFESSIONAL  EDUCATION  IN  NURSING
FUND.   1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE
COMPTROLLER AND COMMISSIONER OF EDUCATION A SPECIAL FUND TO BE KNOWN  AS
THE "COUNTY MATCH AWARDS FOR PROFESSIONAL EDUCATION IN NURSING FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR THE PURPOSE
OF SUCH FUND.
  3. MONIES OF THE FUND SHALL BE AVAILABLE TO THE  COUNTY  MATCH  AWARDS
FOR PROFESSIONAL EDUCATION IN NURSING FUND FOR THE PURPOSES OF PROVIDING
AWARDS  TO  PERSONS ATTENDING APPROVED NURSING SCHOOLS IN NEW YORK STATE
PURSUANT TO SECTION SIX HUNDRED SIX-A OF THE EDUCATION LAW.
  4. THE MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT  AND  WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF  EDUCATION,  OR BY AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF EDUCA-
TION DESIGNATED BY SUCH  COMMISSIONER.
  S 6. The sum  of  twenty-five  million  six  hundred  twenty  thousand
dollars ($25,620,000), or so much thereof as may be necessary, is hereby
appropriated  to  the  department  of education out of any moneys in the
state treasury in the general fund to the credit of the  nursing  educa-
tion  expansion  program fund not otherwise appropriated, and made imme-
diately available, for the purpose 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. Such sum shall be distributed
as follows:
  1. Three million dollars ($3,000,000) for the nursing faculty develop-
ment  program,  or so much thereof as may be necessary, is hereby appro-
priated to the department of education from  any  moneys  in  the  state
treasury  in  the  general  fund  to the credit of the nursing education
expansion program fund  not  otherwise  appropriated  for  services  and
expenses of the department of education for the purposes of carrying out
the  provisions  of  this  act. Fifty-five nursing programs will receive
twenty thousand dollars ($20,000) per year, for each  year  of  a  three
year award length.
  2. Twenty million dollars ($20,000,000) for the nursing capital facil-
ities  program, or so much thereof as may be necessary, is hereby appro-
priated to the department of education from  any  moneys  in  the  state
treasury  in  the  general  fund  to the credit of the nursing education
expansion program fund  not  otherwise  appropriated  for  services  and
expenses of the department of education for the purposes of carrying out
the provisions of this act.
  3.  Two  million  dollars ($2,000,000) for the nursing recruitment and
promotion program, or so much thereof as may  be  necessary,  is  hereby
appropriated to the department of education from any moneys in the state
treasury  in  the  general  fund  to the credit of the nursing education

A. 2540                             7

expansion program fund  not  otherwise  appropriated  for  services  and
expenses of the department of education for the purposes of carrying out
the  provisions  of  this  act.  One  million dollars will be designated
towards promotion of nursing for high school students.
  4. Six hundred twenty thousand dollars ($620,000) for the county match
awards  for professional education in nursing, or so much thereof as may
be necessary, is hereby appropriated to the department of education from
any moneys in the state treasury in the general fund to  the  credit  of
the  nursing education expansion program fund not otherwise appropriated
for services and  expenses  of  the  department  of  education  for  the
purposes  of  carrying out the provisions of this act. Four students per
county will receive two thousand dollars per year for four years.
  5.   No expenditure shall be made  from  this  appropriation  until  a
certificate  of  approval  of availability shall have been issued by the
director of the budget and filed with the state comptroller and  a  copy
filed  with  the  chair of the senate finance committee and the chair of
the assembly ways and means committee.
  6. Such certificate may be amended from time to time by  the  director
of  the budget and a copy of each such amendment shall be filed with the
state comptroller, the chair of the senate  finance  committee  and  the
chair of the assembly ways and means committee.
  S 7. Notwithstanding the provisions of section 40 of the state finance
law,  the  monies appropriated by this act shall first be made available
on the first day of April next succeeding the date  on  which  this  act
shall have become a law. Notwithstanding the provisions of section 40 of
the  state  finance law, the monies appropriated by this act shall lapse
on the thirtieth day of September  next  succeeding  the  close  of  the
fiscal year in which the monies were first made available.
  S  8.  This act shall take effect immediately; provided, however, that
the provisions of paragraph (b) of subdivision 4 of section 209-u of the
executive law as added by section two of this act shall  expire  and  be
deemed repealed 5 years after such date.