Senate Bill S4139

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4139
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to establishing a  bacca-
   laureate and associate nursing assistance program
 
   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 678-a
 to read as follows:
   § 678-A. BACCALAUREATE AND ASSOCIATE NURSING ASSISTANCE PROGRAM.    1.
 DEFINITIONS.  FOR  PURPOSES OF THIS SECTION "APPROVED INSTITUTION" MEANS
 AN INSTITUTION LOCATED IN NEW YORK STATE THAT OFFERS A  NATIONAL  LEAGUE
 FOR  NURSING ACCREDITED PROGRAM LEADING TO AN ASSOCIATE OR BACCALAUREATE
 DEGREE IN NURSING.
   2. ESTABLISHMENT. THERE IS HEREBY ESTABLISHED  THE  BACCALAUREATE  AND
 ASSOCIATE  NURSING ASSISTANCE PROGRAM WITHIN THE DEPARTMENT. THE PURPOSE
 OF SUCH PROGRAM SHALL BE TO PROVIDE LOANS TO PERSONS  IN  PURSUIT  OF  A
 NURSING CAREER IN AN APPROVED INSTITUTION.
   3.  DEPARTMENT'S  RESPONSIBILITIES.  THE  DEPARTMENT SHALL PREPARE AND
 SUPERVISE THE ISSUANCE OF PUBLIC INFORMATION  ABOUT  THE  PROVISIONS  OF
 THIS  SECTION;  DETERMINE  THE  ELIGIBILITY OF APPLICANTS; PRESCRIBE THE
 FORM AND REGULATE THE SUBMISSION OF APPLICATIONS FOR  LOANS;  AWARD  THE
 APPROPRIATE  LOANS; PRESCRIBE THE NOTES OR OTHER ACKNOWLEDGEMENTS OF THE
 LOAN WHICH THE APPLICANT IS REQUIRED TO EXECUTE; AND  DETERMINE  WHETHER
 ALL  OR ANY PART OF AN APPLICANT'S LOAN NEEDS TO BE PAID OR EXCUSED FROM
 PAYMENT, AND THE EXTENT OF ANY PAYMENT OR EXCUSED PAYMENT THE DEPARTMENT
 MAY REQUIRE A LOAN  RECIPIENT  TO  REIMBURSE  THE  STATE  FOR  EXPENSES,
 INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, INCURRED BY THE DEPARTMENT
 OR  OTHER  AGENT  OF THE STATE FOR A SUCCESSFUL LEGAL ACTION AGAINST THE
 RECIPIENT FOR A BREACH OF ANY PROVISION OF THE LOAN AGREEMENT.
   4. ADVISORY COUNCIL. THE COMMISSIONER IS HEREBY AUTHORIZED  TO  ESTAB-
 LISH  AND APPOINT AN ADVISORY COUNCIL TO ASSIST IN THE ADMINISTRATION OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06378-01-7

 S. 4139                             2
 
 SUCH PROGRAM, THE FORMULATION OF NECESSARY RULES  AND  REGULATIONS,  THE
 ESTABLISHMENT OF STANDARDS FOR ELIGIBILITY AND ANY OTHER MATTERS RELATED
 THERETO.    THE  COUNCIL  SHALL CONSIST OF SEVEN MEMBERS APPOINTED FOR A
 TERM  OF  TWO  YEARS. FROM TIME TO TIME, BUT AT LEAST ONCE IN EVERY FIVE
 YEARS, THE ADVISORY COUNCIL SHALL MAKE AND PUBLISH AN EVALUATION OF  THE
 PROGRAM UNDER THIS SECTION.
   5.  ELIGIBILITY.  AN APPLICANT SHALL BE ELIGIBLE FOR A LOAN UNDER THIS
 SECTION IF THE DEPARTMENT FINDS THAT:
   (A) THE APPLICANT IS ENROLLED IN A  NURSING  PROGRAM  AT  AN  APPROVED
 ACADEMIC INSTITUTION.
   (B) THE APPLICANT HAS BEEN A PERMANENT LEGAL RESIDENT OF THE STATE FOR
 AT LEAST ONE YEAR PRIOR TO SUBMITTING THE APPLICATION.
   (C) THE APPLICANT IS IN NEED OF FINANCIAL ASSISTANCE.
   (D)  THE  APPLICANT  IS ENROLLED AS A STUDENT IN EITHER A FOUR YEAR OR
 TWO YEAR ACADEMIC PROGRAM LEADING TO A DEGREE IN NURSING.
   6. AMOUNT OF LOANS. A LOAN MAY BE MADE IN  AN  AMOUNT  NOT  TO  EXCEED
 TWENTY-FIVE  HUNDRED  DOLLARS  PER  YEAR  FOR LIVING EXPENSES AND NOT TO
 EXCEED TWENTY-FIVE HUNDRED DOLLARS PER YEAR FOR  FULL-TIME  TUITION  AND
 FEES, UP TO A MAXIMUM OF FORTY-FIVE HUNDRED DOLLARS PER YEAR FOR A FULL-
 TIME STUDENT OR UP TO TWENTY-FIVE HUNDRED DOLLARS PER YEAR FOR PART-TIME
 STUDENTS  FOR  TUITION AND FEES, LESS ANY OTHER STATE OR FEDERAL ASSIST-
 ANCE RECEIVED BY AN APPLICANT TO ASSIST THE  APPLICANT'S  PURSUIT  OF  A
 BACCALAUREATE  OR  ASSOCIATE DEGREE IN NURSING. THE DEPARTMENT MAY GRANT
 LOANS ON A QUARTERLY OR SEMI-ANNUAL BASIS AND SHALL REQUIRE  THE  APPLI-
 CANT  TO  DILIGENTLY  PURSUE  HIS/HER STUDIES AND MAINTAIN GOOD ACADEMIC
 STANDING.
   7. REPAYMENT OF LOANS. IN ORDER TO RECEIVE THE ASSISTANCE, EACH RECIP-
 IENT MUST ENTER INTO A BINDING CONTRACT WITH THE STATE  TO  FULFILL  THE
 OBLIGATIONS  INCURRED. RECIPIENTS WHO FAIL TO COMPLETE THEIR STUDIES DUE
 TO ACADEMIC FAILURE OR VOLUNTARY WITHDRAWAL OR OTHER  ACTIONS  ON  THEIR
 PART  MUST REPAY THE FULL AMOUNT OF THE LOAN WITH REASONABLE INTEREST AS
 DETERMINED BY THE  COMMISSIONER.  NURSING  STUDENTS  WHO  RECEIVE  LOANS
 THROUGH  THE  PROGRAM  MAY REPAY THEIR OBLIGATION TO THE PROGRAM THROUGH
 EMPLOYMENT FOR ONE YEAR IN THIS STATE AS A NURSE FOR EACH YEAR FOR WHICH
 ASSISTANCE WAS RECEIVED PROVIDED, HOWEVER, THAT PART-TIME  STUDENTS  MAY
 REPAY  THEIR OBLIGATION TO THE PROGRAM THROUGH EMPLOYMENT FOR SIX MONTHS
 IN THIS STATE AS  A  NURSE  FOR  EACH  YEAR  FOR  WHICH  ASSISTANCE  WAS
 RECEIVED.
   8. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH RULES
 AND  REGULATIONS  AS  ARE  NECESSARY  FOR THE ESTABLISHMENT AND ADMINIS-
 TRATION OF THE PROGRAM PROVIDED FOR IN THIS SECTION.
   § 2. This act shall take effect on the first of July  next  succeeding
 the  date  on  which it shall have become a law, provided, however, that
 effective immediately, the addition,  amendment  and/or  repeal  of  any
 rules  or  regulations necessary for the implementation of the foregoing
 section of this act on its effective date is authorized and directed  to
 be made and completed on or before such effective date.