S T A T E   O F   N E W   Y O R K
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                                   6301
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law and the state finance law, in relation
   to  providing  a  recruitment  incentive  and  scholarship program for
   certain active members of New York volunteer fire departments

   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-c
 to read as follows:
   § 669-C. NEW YORK STATE VOLUNTEER  FIREFIGHTER  RECRUITMENT  INCENTIVE
 PROGRAM SCHOLARSHIP. 1. PURPOSE. THE NEW YORK STATE VOLUNTEER FIREFIGHT-
 ER  RECRUITMENT  INCENTIVE PROGRAM SCHOLARSHIP (NY-VFR) IS HEREBY ESTAB-
 LISHED FOR THE PURPOSE OF GRANTING INCENTIVE SCHOLARSHIP AWARDS TO STATE
 RESIDENTS WHO ARE ACTIVE MEMBERS OF A LOCAL VOLUNTEER FIRE DEPARTMENT.
   2. ELIGIBILITY. A NY-VFR SCHOLARSHIP AWARD SHALL BE MADE TO AN  APPLI-
 CANT WHO:
   (A) IS A RESIDENT OF THE STATE OF NEW YORK;
   (B) IS AN ACTIVE MEMBER OF HIS OR HER LOCAL VOLUNTEER FIRE DEPARTMENT;
   (C) IS MATRICULATED IN AN APPROVED PROGRAM LEADING TO AN UNDERGRADUATE
 DEGREE AT A NEW YORK STATE PUBLIC INSTITUTION OF HIGHER EDUCATION; AND
   (D) IS ENROLLED:
   (I)  FOR  FULL-TIME STUDY, IN AT LEAST TWELVE CREDITS PER SEMESTER AND
 COMPLETES AT LEAST  THIRTY  COMBINED  CREDITS  PER  YEAR  FOLLOWING  THE
 STUDENT'S  START  DATE,  OR  ITS  EQUIVALENT,  APPLICABLE  TO HIS OR HER
 PROGRAM OR PROGRAMS OF FULL-TIME STUDY, EXCEPT IN LIMITED  CIRCUMSTANCES
 AS PRESCRIBED BY THE CORPORATION IN REGULATION; OR
   (II)  FOR  PART-TIME  STUDY,  IN AT LEAST SIX CREDITS PER SEMESTER AND
 COMPLETES AT LEAST FIFTEEN  COMBINED  CREDITS  PER  YEAR  FOLLOWING  THE
 STUDENT'S  START  DATE,  OR  ITS  EQUIVALENT,  APPLICABLE  TO HIS OR HER
 PROGRAM OR PROGRAMS OF PART-TIME STUDY, EXCEPT IN LIMITED  CIRCUMSTANCES
 AS PRESCRIBED BY THE CORPORATION IN REGULATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09973-01-9

 A. 6301                             2
 
   (III)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF
 THIS PARAGRAPH, IN THE STUDENT'S LAST SEMESTER, A FULL-TIME STUDENT  MAY
 TAKE  AT  LEAST ONE COURSE NEEDED TO MEET HIS OR HER GRADUATION REQUIRE-
 MENTS AND ENROLL IN AND COMPLETE AT LEAST TWELVE  CREDIT  HOURS  OR  ITS
 EQUIVALENT  AND  A PART-TIME STUDENT MAY TAKE AT LEAST ONE COURSE NEEDED
 TO MEET HIS OR HER GRADUATION REQUIREMENTS AND ENROLL IN AND COMPLETE AT
 LEAST SIX CREDIT HOURS OR ITS EQUIVALENT.
   3. AMOUNT. (A) WITHIN  AMOUNTS  APPROPRIATED  THEREFOR  AND  BASED  ON
 AVAILABILITY OF FUNDS, NY-VFR SCHOLARSHIP AWARDS SHALL BE GRANTED BEGIN-
 NING WITH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE ACADEMIC YEAR
 AND  THEREAFTER  TO  APPLICANTS  THAT THE CORPORATION HAS DETERMINED ARE
 ELIGIBLE TO RECEIVE SUCH AWARDS.
   (B) FOR FULL-TIME STUDENTS, THE CORPORATION SHALL GRANT SUCH AWARDS IN
 AN AMOUNT UP TO FIVE THOUSAND FIVE HUNDRED DOLLARS  OR  ACTUAL  TUITION,
 WHICHEVER  IS  LESS. FOR PART-TIME STUDENTS, THE CORPORATION SHALL GRANT
 SUCH AWARDS IN AN AMOUNT UP TO TWO THOUSAND SEVEN HUNDRED FIFTY  DOLLARS
 OR  ACTUAL  TUITION,  WHICHEVER  IS  LESS. ALL AWARDS ARE SUBJECT TO THE
 PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION.
   (C) (I) A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR  SCHOLARSHIPS
 THAT  COVER  THE STUDENT'S FULL COST OF ATTENDANCE SHALL NOT BE ELIGIBLE
 FOR AN AWARD UNDER THIS PROGRAM.
   (II) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION AFTER THE
 APPLICATION OF PAYMENTS RECEIVED UNDER THE  TUITION  ASSISTANCE  PROGRAM
 PURSUANT  TO  SECTION  SIX  HUNDRED SIXTY-SEVEN OF THIS SUBPART, TUITION
 CREDITS PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF  THIS  ARTICLE,
 FEDERAL  PELL  GRANT  PURSUANT  TO SECTION ONE THOUSAND SEVENTY OF TITLE
 TWENTY OF THE UNITED STATES CODE, ET. SEQ., AND ANY OTHER  PROGRAM  THAT
 COVERS  THE  COST  OF  ATTENDANCE  UNLESS  EXCLUSIVELY  FOR  NON-TUITION
 EXPENSES, AND THE AWARD UNDER THIS  PROGRAM  SHALL  BE  REDUCED  IN  THE
 AMOUNT  EQUAL  TO  SUCH PAYMENTS, PROVIDED THAT THE COMBINED BENEFITS DO
 NOT EXCEED FIVE THOUSAND FIVE HUNDRED DOLLARS FOR FULL-TIME STUDY OR TWO
 THOUSAND SEVEN HUNDRED FIFTY DOLLARS FOR PART-TIME STUDY.
   (D) UPON NOTIFICATION OF AN AWARD UNDER THIS PROGRAM, THE  INSTITUTION
 SHALL  DEFER  THE CORRESPONDING AMOUNT OF TUITION. NOTWITHSTANDING PARA-
 GRAPH H OF SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE AND PARA-
 GRAPH (A) OF SUBDIVISION SEVEN OF SECTION SIX THOUSAND TWO  HUNDRED  SIX
 OF  THIS CHAPTER, AND ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 THE UNDERGRADUATE TUITION CHARGED BY THE INSTITUTION TO RECIPIENTS OF AN
 AWARD SHALL NOT EXCEED THE TUITION RATE ESTABLISHED BY  THE  INSTITUTION
 FOR  THE  TWO  THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE ACADEMIC YEAR
 PROVIDED, HOWEVER, THAT IN THE TWO  THOUSAND  TWENTY-FIVE--TWO  THOUSAND
 TWENTY-SIX ACADEMIC YEAR AND EVERY FOUR YEARS THEREAFTER, THE UNDERGRAD-
 UATE  TUITION CHARGED BY THE INSTITUTION TO RECIPIENTS OF AN AWARD SHALL
 BE RESET TO EQUAL THE TUITION RATE ESTABLISHED BY  THE  INSTITUTION  FOR
 THE  FORTHCOMING ACADEMIC YEAR, PROVIDED FURTHER THAT THE TUITION CREDIT
 CALCULATED PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS ARTICLE
 SHALL BE APPLIED TOWARD THE TUITION RATE CHARGED FOR  RECIPIENTS  OF  AN
 AWARD  UNDER THIS PROGRAM. PROVIDED FURTHER THAT THE STATE UNIVERSITY OF
 NEW YORK AND THE CITY UNIVERSITY OF NEW YORK SHALL PROVIDE AN ADDITIONAL
 TUITION CREDIT TO STUDENTS RECEIVING AN AWARD  TO  COVER  THE  REMAINING
 COST OF TUITION.
   4.  DURATION. (A) AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR
 MORE THAN FOUR ACADEMIC YEARS OF FULL-TIME UNDERGRADUATE STUDY  OR  FIVE
 ACADEMIC  YEARS IF THE PROGRAM OF STUDY NORMALLY REQUIRES FIVE YEARS. AN
 ELIGIBLE RECIPIENT ENROLLED IN AN ELIGIBLE TWO  YEAR  PROGRAM  OF  STUDY

 A. 6301                             3
 
 SHALL NOT RECEIVE AN AWARD FOR MORE THAN TWO ACADEMIC YEARS OF FULL-TIME
 ACADEMIC STUDY.
   (B)  AN  ELIGIBLE  RECIPIENT  SHALL NOT RECEIVE AN AWARD FOR MORE THAN
 EIGHT ACADEMIC YEARS OF PART-TIME UNDERGRADUATE STUDY  OR  TEN  ACADEMIC
 YEARS IF THE PROGRAM OF STUDY NORMALLY REQUIRES TEN YEARS TO COMPLETE ON
 A  PART-TIME  BASIS.  AN  ELIGIBLE RECIPIENT ENROLLED IN AN ELIGIBLE TWO
 YEAR PROGRAM OF STUDY SHALL NOT RECEIVE AN  AWARD  FOR  MORE  THAN  FOUR
 ACADEMIC YEARS OF PART-TIME UNDERGRADUATE STUDY.
   (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
 SUBDIVISION, SUCH DURATION MAY BE EXTENDED FOR AN ALLOWABLE INTERRUPTION
 OF STUDY INCLUDING, BUT NOT  LIMITED  TO,  DEATH  OF  A  FAMILY  MEMBER,
 MEDICAL  LEAVE,  MILITARY SERVICE, AND PARENTAL LEAVE, AS ESTABLISHED BY
 THE CORPORATION IN REGULATION.
   5. APPLICATION. AN APPLICANT FOR NY-VFR SCHOLARSHIP AWARD SHALL:
   (A) COMPLETE THE ADMISSIONS PROCESS, BE ACCEPTED INTO AND  MATRICULATE
 IN  AN APPROVED PROGRAM LEADING TO AN UNDERGRADUATE DEGREE AT A NEW YORK
 STATE PUBLIC INSTITUTION OF HIGHER EDUCATION;
   (B) COMPLETE THE MEMBERSHIP PROCESS AND BE ACCEPTED INTO AND JOIN  HIS
 OR HER LOCAL VOLUNTEER FIRE DEPARTMENT;
   (C)  FOR EACH SEMESTER FOR WHICH AN AWARD IS SOUGHT, COMPLETE A NY-VFR
 SCHOLARSHIP AWARD VOLUNTEER SERVICE  COMMITMENT  FORM,  HAVE  SUCH  FORM
 SIGNED  BY  THE  CHIEF  OF THE VOLUNTEER FIRE DEPARTMENT AND SUBMIT SUCH
 FORM TO THE CORPORATION. SUCH FORM SHALL BE IN A FORM ACCEPTABLE TO  THE
 CORPORATION  AND  SHALL  INDICATE  THE  COURSE OF STUDY THE APPLICANT IS
 PURSUING AND WHETHER THE APPLICANT IS A FULL-TIME OR PART-TIME  STUDENT;
 AND
   (D)  EXECUTE  AN  AWARD CONVERSION AGREEMENT, AS DESCRIBED IN SUBPARA-
 GRAPH (II) OF PARAGRAPH (E) OF SUBDIVISION SIX OF THIS SECTION.
   6. CONDITIONS. (A) AN APPLICANT WHO WOULD BE ELIGIBLE FOR A  NEW  YORK
 STATE  TUITION  ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION SIX HUNDRED
 SIXTY-SEVEN OF THIS SUBPART AND/OR A  FEDERAL  PELL  GRANT  PURSUANT  TO
 SECTION  ONE THOUSAND SEVENTY OF TITLE TWENTY OF THE UNITED STATES CODE,
 ET. SEQ., IS REQUIRED TO APPLY FOR EACH SUCH AWARD.
   (B) AN APPLICANT WHO HAS EARNED A BACHELOR'S DEGREE IS  INELIGIBLE  TO
 RECEIVE AN AWARD PURSUANT TO THIS SECTION.
   (C) AN APPLICANT WHO HAS EARNED AN ASSOCIATE'S DEGREE IS INELIGIBLE TO
 RECEIVE  AN  AWARD  FOR  A  TWO  YEAR  PROGRAM OF STUDY PURSUANT TO THIS
 SECTION.
   (D) NOTWITHSTANDING PARAGRAPH C OF SUBDIVISION  FOUR  OF  SECTION  SIX
 HUNDRED  SIXTY-ONE OF THIS PART, A SCHOOL SHALL CERTIFY THAT A RECIPIENT
 HAS ACHIEVED A GRADE POINT AVERAGE NECESSARY FOR  SUCCESSFUL  COMPLETION
 OF HIS OR HER COURSEWORK TO RECEIVE PAYMENT UNDER THE AWARD.
   (E)  (I)  A  RECIPIENT  SHALL  AGREE TO RESIDE EXCLUSIVELY IN NEW YORK
 STATE AND PROVIDE A YEAR OF SERVICE TO HIS OR HER LOCAL  VOLUNTEER  FIRE
 DEPARTMENT FOR A CONTINUOUS NUMBER OF YEARS EQUAL TO THE DURATION OF THE
 AWARD  RECEIVED. SUCH SERVICE WILL COMMENCE WITHIN SIX MONTHS OF RECEIPT
 OF THE RECIPIENT'S FINAL AWARD PAYMENT; PROVIDED, HOWEVER, THAT  IF  THE
 RECIPIENT  HAS  PROVIDED  SERVICE  TO  HIS  OR  HER LOCAL VOLUNTEER FIRE
 DEPARTMENT AS A FULL-TIME OR PART-TIME ACTIVE MEMBER  DURING  ALL  OR  A
 PART  OF  THE  PERIOD  THAT HE OR SHE WAS RECEIVING AN AWARD PURSUANT TO
 THIS SECTION, SUCH SERVICE SHALL  BE  CREDITED  TOWARD  THE  RECIPIENT'S
 SERVICE  REQUIREMENT.  FOR  PURPOSES  OF THIS SUBPARAGRAPH, TWO YEARS OF
 PART-TIME SERVICE SHALL BE THE  EQUIVALENT  OF  ONE  YEAR  OF  FULL-TIME
 SERVICE.
   (II)  THE  SERVICE  OBLIGATIONS  DESCRIBED  IN  THIS  SUBDIVISION  ARE
 REQUIRED OF EACH RECIPIENT OF  AN  AWARD,  REGARDLESS  OF  WHETHER  SUCH

 A. 6301                             4
 
 RECIPIENT  HAS  COMPLETED  HIS  OR  HER DEGREE. A RECIPIENT SHALL SIGN A
 CONTRACT WITH THE CORPORATION TO HAVE HIS OR HER AWARD, IN  FULL  OR  IN
 PART,  CONVERTED  TO A STUDENT LOAN ACCORDING TO A SCHEDULE TO BE DETER-
 MINED  BY  THE  CORPORATION  IF SUCH STUDENT FAILS TO FULFILL HIS OR HER
 SERVICE REQUIREMENT AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (III) THE TERMS AND CONDITIONS OF THIS PARAGRAPH MAY,  AS  ESTABLISHED
 BY  THE  RULES  AND  REGULATIONS OF THE CORPORATION, BE DEFERRED: (A) TO
 COMPLETE UNDERGRADUATE STUDY; OR (B) TO ATTEND  GRADUATE  SCHOOL  ON  AT
 LEAST A HALF-TIME BASIS.
   (IV) ANY OBLIGATION TO COMPLY WITH THE SERVICE REQUIREMENT AS OUTLINED
 IN  THIS  PARAGRAPH  MAY  BE  CANCELLED UPON THE DEATH OF THE RECIPIENT.
 NOTWITHSTANDING ANY PROVISIONS OF THIS PARAGRAPH TO  THE  CONTRARY,  THE
 CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE
 FOR  THE  WAIVER  OR  SUSPENSION  OF ANY FINANCIAL OBLIGATION OR SERVICE
 REQUIREMENT WHICH WOULD INVOLVE EXTREME HARDSHIP.
   (F) A RECIPIENT SHALL BE INELIGIBLE FOR ADDITIONAL AWARDS IF:
   (I) SUCH RECIPIENT WHO CEASES TO BE AN ACTIVE MEMBER  OF  HIS  OR  HER
 LOCAL  VOLUNTEER FIRE DEPARTMENT, UNLESS SUCH CESSATION IS TEMPORARY AND
 DUE TO CIRCUMSTANCES BEYOND HIS OR HER  CONTROL  AS  DETERMINED  BY  THE
 CORPORATION;
   (II)  SUCH  RECIPIENT  WHO FAILS TO MEET ACCEPTABLE VOLUNTEER ACTIVITY
 LEVELS AS DETERMINED BY HIS OR HER LOCAL VOLUNTEER FIRE DEPARTMENT;
   (III) SUCH RECIPIENT WHO QUITS OR FORFEITS MEMBERSHIP IN OR IS  TERMI-
 NATED OR EXPELLED FROM HIS OR HER VOLUNTEER FIRE DEPARTMENT.
   7.  RECIPIENT  SELECTION. THE PRESIDENT MAY ESTABLISH: (A) AN APPLICA-
 TION DEADLINE AND (B) A METHOD OF SELECTING RECIPIENTS IF IN  ANY  GIVEN
 YEAR  THERE  ARE INSUFFICIENT FUNDS TO COVER THE NEEDS OF ALL THE APPLI-
 CANTS PROVIDED THAT PRIORITY SHALL BE GIVEN TO ELIGIBLE  APPLICANTS  WHO
 ARE CURRENTLY IN ATTENDANCE AT A PUBLIC INSTITUTION OF HIGHER EDUCATION.
   8.  RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO PROMULGATE
 RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS,  NECES-
 SARY 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.
   9. DEFINITIONS. AS USED IN THIS SECTION:
   (A) "ACTIVE MEMBER" SHALL MEAN A MEMBER OF A VOLUNTEER FIRE DEPARTMENT
 WHO:
   (I) MEETS HIS OR HER  LOCAL  VOLUNTEER  FIRE  DEPARTMENT'S  MEMBERSHIP
 REQUIREMENTS;
   (II)  HAS  BEEN  ACCEPTED INTO HIS OR HER LOCAL VOLUNTEER FIRE DEPART-
 MENT; AND
   (III) FULFILLS THE ESTABLISHED SERVICE  REQUIREMENTS  OF  HIS  OR  HER
 LOCAL VOLUNTEER FIRE DEPARTMENT.
   (B)  "VOLUNTEER  FIRE  DEPARTMENT"  MEANS A VOLUNTEER FIRE DEPARTMENT,
 VOLUNTEER FIRE COMPANY OR VOLUNTEER FIRE DISTRICT THAT IS  A  MEMBER  OF
 THE FIREMAN'S ASSOCIATION OF THE STATE OF NEW YORK.
   (C)  "CHIEF  OF  THE  FIRE DEPARTMENT" MEANS ANY PERSON SERVING IN THE
 HIGHEST OPERATIONS  OR  ADMINISTRATIVE  CAPACITY  IN  A  VOLUNTEER  FIRE
 DEPARTMENT.
   (E)  "PART-TIME  STUDY" MEANS ENROLLMENT IN AN APPROVED POST-SECONDARY
 DEGREE PROGRAM FOR AT LEAST SIX BUT LESS THAN TWELVE SEMESTER HOURS.
   (F) "RESIDENT" MEANS A PERSON  WHOSE  PRINCIPAL  DOMICILE  IS  LOCATED
 WITHIN NEW YORK STATE IN EXCESS OF ONE HUNDRED EIGHTY-SIX DAYS PER YEAR.
   §  2.  Section  604  of  the  education law is amended by adding a new
 subdivision 13 to read as follows:

 A. 6301                             5

   13. A NEW  YORK  STATE  VOLUNTEER  FIREFIGHTER  RECRUITMENT  INCENTIVE
 PROGRAM SCHOLARSHIP PURSUANT TO SECTION SIX HUNDRED SIXTY-NINE-C OF THIS
 TITLE.
   §  3. The state finance law is amended by adding a new section 91-e to
 read as follows:
   § 91-E. NEW YORK STATE  VOLUNTEER  FIREFIGHTER  RECRUITMENT  INCENTIVE
 PROGRAM  SCHOLARSHIP  FUND.  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  NEW  YORK  STATE  VOLUNTEER  FIREFIGHTER  RECRUITMENT INCENTIVE
 PROGRAM 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  NEW YORK STATE VOLUNTEER FIREFIGHTER RECRUITMENT
 INCENTIVE PROGRAM SCHOLARSHIP PROGRAM ESTABLISHED  PURSUANT  TO  SECTION
 SIX  HUNDRED SIXTY-NINE-C OF THE EDUCATION LAW. MONEYS SHALL BE PAID OUT
 OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON  VOUCH-
 ERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF EDUCATION.
   §  4.  The commissioner of education shall report on the operation and
 subsequent effectiveness of the program created by this  act,  one  year
 after  it shall have become a law and annually thereafter, to the gover-
 nor, temporary president of the senate, the speaker of the assembly, the
 minority leader of the senate and the minority leader of the assembly.
   § 5. This act shall take effect January 1, 2020.