S T A T E O F N E W Y O R K
________________________________________________________________________
5080
2021-2022 Regular Sessions
I N A S S E M B L Y
February 10, 2021
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Introduced by M. of A. PALMESANO, BLANKENBUSH, MORINELLO, BRABENEC,
J. M. GIGLIO, GOODELL, ASHBY, DeSTEFANO, MANKTELOW, MONTESANO,
B. MILLER, RA, REILLY, SALKA, SAYEGH, TAGUE, WALCZYK -- Multi-Spon-
sored by -- M. of A. BARCLAY, BARNWELL, BYRNES, DiPIETRO, EPSTEIN,
FRIEND, McDONOUGH, M. MILLER, WALSH -- 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 enacting the New York state nursing shortage correction act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "New York
state nursing shortage correction act".
§ 2. The education law is amended by adding a new section 669-i to
read as follows:
§ 669-I. NEW YORK STATE NURSING RECRUITMENT INCENTIVE AND RETENTION
PROGRAM. 1. THE DEPARTMENT IS AUTHORIZED, WITHIN AMOUNTS APPROPRIATED OR
OTHERWISE LAWFULLY AVAILABLE FROM ANY OTHER SOURCE, TO ESTABLISH A NURS-
ING RECRUITMENT INCENTIVE AND RETENTION PROGRAM.
2. DEFINITIONS. AS USED IN THIS SECTION THE TERM:
(A) "PROSPECTIVE NURSE" SHALL MEAN A PERSON WHO DESIRES TO ENTER NURS-
ING SCHOOL TO BECOME A NURSE.
(B) "DEGREE PRODUCING CURRICULUM" SHALL MEAN A SERIES OF COURSES
PROGRAMMED TO CULMINATE IN A SPECIFIC POST-SECONDARY DEGREE OR DIPLOMA
WHEN SUCCESSFULLY COMPLETED.
(C) "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) "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.
LBD08024-01-1
A. 5080 2
(E) "PART-TIME STUDY" SHALL MEAN ENROLLMENT IN AN APPROVED POST-SECON-
DARY 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) "INSTITUTION" SHALL MEAN THE STATE UNIVERSITY OF NEW YORK, THE
CITY UNIVERSITY OF NEW YORK OR A COMMUNITY COLLEGE LOCATED WITHIN THIS
STATE WHICH PROVIDES A COURSE OF STUDY LEADING TO THE GRANTING OF A
POST-SECONDARY DEGREE OR DIPLOMA.
(G) "LEGAL RESIDENT" SHALL MEAN A PERSON WHOSE PRINCIPAL DOMICILE IS
LOCATED WITHIN NEW YORK STATE IN EXCESS OF ONE HUNDRED EIGHTY-SIX DAYS
PER YEAR.
3. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL,
OR LOCAL LAW, RULE, OR REGULATION, ANY PROSPECTIVE NURSE SHALL BE ENTI-
TLED TO THE TUITION BENEFIT PROVIDED BY THIS SECTION UPON SUCH PERSON'S
ENROLLMENT IN A DEGREE PRODUCING CURRICULUM IN ANY INSTITUTION.
(B) 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.
(C) UPON THE RECIPIENT'S ATTAINMENT OF A BACCALAUREATE OR CESSATION OF
STATUS AS AN ACTIVE STUDENT, 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 FOR A RECIPIENT'S 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 ASSISTANCE THE
RECIPIENT MAY BE RECEIVING.
(D) UNLESS OTHERWISE PROVIDED FOR IN THIS SECTION, THE TUITION BENEFIT
SHALL BE ON THE TERMS AND CONDITIONS SET BY THE DEPARTMENT, PROVIDED
THAT SUCH PERSON SHALL SIGN A CONTRACT TO AGREE TO WORK IN A JOB THAT
REQUIRES SUCH PERSON TO BE LICENSED AS A REGISTERED NURSE MORE THAN AN
AVERAGE OF TWENTY HOURS PER WEEK ANYWHERE WITHIN THIS STATE; FOR TWO
YEARS IF SUCH PERSON WAS IN AN ASSOCIATE IN NURSING PROGRAM; OR FOR FOUR
YEARS IF SUCH PERSON WERE IN A BACHELOR'S OR HIGHER DEGREE NURSING
PROGRAM. SUCH JOB SHALL BEGIN WITHIN ONE YEAR AFTER LEAVING COLLEGE OR A
NURSING DEGREE PROGRAM.
(E) THE TUITION BENEFIT PROVIDED BY THIS SECTION SHALL BE EFFECTIVE
BEGINNING WITH THE SCHOOL SEMESTER OR QUARTER FOLLOWING ITS ENACTMENT
INTO LAW.
4. (A) A REGISTERED NURSE WHO DID NOT RECEIVE THE FULL BENEFIT PURSU-
ANT TO SUBDIVISION THREE OF THIS SECTION OR IS UNDER OBLIGATION TO REPAY
THE LOANS, AND IS EMPLOYED MORE THAN AN AVERAGE OF TWENTY HOURS A WEEK
IN A LICENSED AND REGISTERED NURSING JOB IN THIS STATE MAY REQUEST THE
STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF NEW YORK TO TAKE
OVER ALL OR PART OF SUCH REGISTERED NURSE'S STUDENT LOAN PAYMENTS IF
SUCH PERSON AVERAGES MORE THAN THIRTY-FIVE HOURS PER WEEK IN A JOB THAT
REQUIRES SUCH PERSON TO BE LICENSED AS A REGISTERED NURSE.
(B) IF SUCH PERSON AVERAGES BETWEEN TWENTY AND THIRTY-FIVE HOURS PER
WEEK IN A JOB THAT REQUIRES SUCH PERSON TO BE LICENSED AS A REGISTERED
NURSE, ONE-HALF OF THE STUDENT LOAN PAYMENTS SHALL BE TAKEN OVER BY SUCH
INSTITUTIONS.
(C) ONLY HOURS WORKED WITHIN NEW YORK STATE MAY BE ELIGIBLE TOWARDS
THE HOURS OF WORK PER WEEK.
5. THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
YORK SHALL CONTINUE TO OPERATE PURSUANT TO SUBDIVISION THREE OF THIS
A. 5080 3
SECTION UNTIL SUCH PERSON RECEIVES THE SAME AMOUNT AS WOULD HAVE BEEN
RECEIVED UNDER SUBDIVISION ONE OF THIS SECTION OR UNTIL SUCH PERSON
CEASES TO BE EMPLOYED MORE THAN TWENTY HOURS PER WEEK IN A JOB IN THIS
STATE THAT REQUIRES SUCH PERSON TO BE LICENSED AS A REGISTERED NURSE, OR
SUCH PERSON'S STUDENT LOANS ARE PAID OFF, WHICHEVER OCCURS FIRST.
6. (A) IF SUCH BENEFIT PURSUANT TO SUBDIVISION FOUR OF THIS SECTION
CEASES BECAUSE SUCH REGISTERED NURSE CEASES TO BE EMPLOYED MORE THAN AN
AVERAGE OF TWENTY HOURS PER WEEK IN A JOB IN THIS STATE THAT REQUIRES
SUCH PERSON TO BE LICENSED AS A REGISTERED NURSE, SUCH PERSON MAY REAP-
PLY WHEN SUCH PERSON BEGINS TO WORK MORE THAN AN AVERAGE OF TWENTY HOURS
PER WEEK.
(B) AT THE TIME WHEN THE BENEFIT CEASES, THE FULL AMOUNT OF MONEY
ADVANCED SUCH PERSON SHALL BE CONVERTED INTO A STUDENT LOAN AS DEFINED
IN THE CONTRACT SUCH PERSON SIGNED PURSUANT TO PARAGRAPH (D) OF SUBDIVI-
SION THREE OF THIS SECTION.
(C) THE COMMISSIONER OF HEALTH MAY WAIVE OR DELAY THE ENFORCEMENT OF
THIS SUBDIVISION IN CASES OF EXTREME HARDSHIP.
7. THE RESPECTIVE INSTITUTIONS SHALL PROVIDE THE DEPARTMENT OF TAXA-
TION AND FINANCE ON A QUARTERLY BASIS WITH PERTINENT INFORMATION,
INCLUDING, BUT NOT LIMITED TO, THE NAMES, ADDRESSES, SOCIAL SECURITY
NUMBERS, NAMES AND ADDRESSES OF EMPLOYERS. SUCH INFORMATION SHALL BE IN
A COMPUTER READABLE FORMAT AS SET FORTH BY THE DEPARTMENT OF TAXATION
AND FINANCE.
§ 3. The state finance law is amended by adding a new section 91-h to
read as follows:
§ 91-H. NEW YORK STATE NURSING 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 NEW
YORK STATE NURSING RECRUITMENT INCENTIVE AND RETENTION ACCOUNT.
2. SUCH ACCOUNT SHALL CONSIST OF ALL REVENUES RECEIVED FROM CONTRIB-
UTIONS, DONATIONS AND 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 NEW YORK STATE NURSING 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.
§ 4. This act shall take effect July 1, 2022. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.