Senate Bill S3656

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3656
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the education law, in relation to creating  a  volunteer
   firefighter  scholarship program; and making an appropriation relating
   therefor

   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-i
 to read as follows:
   § 669-I. VOLUNTEER FIREFIGHTER SCHOLARSHIP PROGRAM. 1.    ELIGIBILITY.
 (A) A VOLUNTEER FIREFIGHTER SCHOLARSHIP AWARD SHALL BE MADE TO AN APPLI-
 CANT WHO:
   (I)  SERVES  AS AN ACTIVE VOLUNTEER FIREFIGHTER AS DEFINED IN SUBDIVI-
 SION ONE OF SECTION TWO HUNDRED FIFTEEN OF THE GENERAL MUNICIPAL LAW WHO
 HAS ATTENDED TWENTY-FIVE PERCENT OF EMERGENCY CALLS FOR EACH YEAR; AND
   (II) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE  AND  ALL
 REQUIREMENTS  PROMULGATED BY THE OFFICE OF HIGHER EDUCATION, HEREINAFTER
 REFERRED TO AS THE "OFFICE", FOR THE ADMINISTRATION OF THE PROGRAM.
   (B) STUDENT LOANS ELIGIBLE FOR THIS PROGRAM ARE:
   (I) STUDENT LOANS ACCRUED WHILE ATTENDING A PRIVATE OR PUBLIC INSTITU-
 TION OF HIGHER EDUCATION WITHIN NEW YORK STATE FROM WHICH THE  RECIPIENT
 RECEIVED  CREDITS  WHICH  WERE USED TO ACQUIRE A BACHELOR'S DEGREE AT AN
 APPROVED PROGRAM; OR
   (II) STUDENT LOANS ACCRUED WHILE ATTENDING AN ACCREDITED TRADE  SCHOOL
 OR  VOCATIONAL  PROGRAM  WITHIN  NEW YORK STATE FROM WHICH THE RECIPIENT
 RECEIVED A CERTIFICATE OR LICENSE.
   2. AMOUNT. WITHIN AMOUNTS APPROPRIATED THEREFOR AND  BASED  ON  AVAIL-
 ABILITY  OF FUNDS, AWARDS SHALL BE GRANTED TO APPLICANTS THAT THE OFFICE
 HAS DETERMINED ARE ELIGIBLE TO RECEIVE SUCH  AWARDS.  THE  OFFICE  SHALL
 GRANT SUCH AWARDS IN AN AMOUNT UP TO FOUR TIMES THE CURRENT TUITION RATE
 AT A STATE UNIVERSITY OF NEW YORK COLLEGE. UPON NOTIFICATION OF AN AWARD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01765-01-1

 S. 3656                             2
 
 UNDER THIS PROGRAM, THE OFFICE SHALL PAY THE INTEREST ON THE RECIPIENT'S
 STUDENT  LOANS FOR EIGHT YEARS AND, UPON THE COMPLETION OF THE PROGRAM'S
 REQUIREMENTS, ANY REMAINING STUDENT LOAN INTEREST AND  PRINCIPAL  UP  TO
 FOUR  TIMES  THE  CURRENT TUITION RATE AT A STATE UNIVERSITY OF NEW YORK
 COLLEGE. IF THE AMOUNT OF THE RECIPIENT'S REMAINING STUDENT LOAN  INTER-
 EST  AND PRINCIPAL IS LESS THAN FOUR TIMES THE CURRENT TUITION RATE AT A
 STATE UNIVERSITY OF NEW YORK COLLEGE AT  THE  END  OF  THE  PROGRAM,  AN
 AMOUNT  EQUAL  TO  THE  DIFFERENCE  BETWEEN  (A)  FOUR TIMES THE CURRENT
 TUITION RATE AT A STATE UNIVERSITY OF NEW YORK COLLEGE  OR  THE  INITIAL
 PRINCIPAL  ON  THE RECIPIENT'S STUDENT LOANS, WHICHEVER IS LESS, AND (B)
 THE AMOUNT OF PRINCIPAL AND INTEREST PAID AT  THE  END  OF  THE  PROGRAM
 SHALL BE ISSUED TO THE RECIPIENT. IN THE EVENT THAT A RECIPIENT FAILS TO
 MAINTAIN  ELIGIBILITY  IN THE PROGRAM, NO FURTHER PAYMENTS SHALL BE MADE
 UNTIL THE RECIPIENT AGAIN BECOMES ELIGIBLE FOR THE PROGRAM.
   3. CONDITIONS. (A) A RECIPIENT SHALL AGREE TO  RESIDE  EXCLUSIVELY  IN
 NEW  YORK  STATE AND SHALL NOT BE EMPLOYED IN ANY OTHER STATE, FOR EIGHT
 YEARS.
   (B) A RECIPIENT SHALL BE AN ACTIVE VOLUNTEER FIREFIGHTER AS DEFINED IN
 SUBDIVISION ONE OF SECTION TWO HUNDRED FIFTEEN OF THE GENERAL  MUNICIPAL
 LAW  WHO  HAS  ATTENDED  TWENTY-FIVE PERCENT OF EMERGENCY CALLS FOR EACH
 YEAR, FOR EIGHT YEARS. THE RECIPIENT SHALL ANNUALLY SUBMIT TO THE OFFICE
 AN AFFIDAVIT SIGNED BY HIS OR HER CHIEF OR  COMPANY  DIRECTOR  VERIFYING
 THE  RECIPIENT'S PARTICIPATION IN EMERGENCY CALLS IS AT OR ABOVE TWENTY-
 FIVE PERCENT FOR THE PRIOR YEAR.
   4. CONTRACT. (A) A RECIPIENT SHALL SIGN A CONTRACT WITH THE OFFICE  TO
 HAVE  HIS  OR  HER FULL AWARD CONVERTED TO A STUDENT LOAN ACCORDING TO A
 SCHEDULE TO BE DETERMINED BY THE  OFFICE  IF  SUCH  RECIPIENT  FAILS  TO
 FULFILL  THE  REQUIREMENTS  SET OUT IN SUBDIVISION THREE OF THIS SECTION
 UNLESS SUCH REQUIREMENT IS WAIVED BY THE  COMMISSIONER.  THE  TERMS  AND
 CONDITIONS  OF  THE CONTRACT SHALL BE ESTABLISHED BY THE RULES AND REGU-
 LATIONS BY THE OFFICE. A WAIVER ISSUED BY THE COMMISSIONER SHALL ONLY BE
 FOR UP TO ONE YEAR OF REQUIREMENTS AND MUST BE RENEWED BY THE COMMISSION
 TO WAIVE REQUIREMENTS FOR ADDITIONAL YEARS.  ANY  OBLIGATION  TO  COMPLY
 WITH  SUCH  PROVISIONS  AS OUTLINED IN THIS PARAGRAPH SHALL BE CANCELLED
 UPON THE DEATH OF THE RECIPIENT.
   (B) THE COMMISSIONER MAY, IN EXTREME CIRCUMSTANCES INCLUDING, BUT  NOT
 LIMITED  TO, TEMPORARY OR PERMANENT DISABILITY, ILLNESS AND FAMILY EMER-
 GENCY RESULTING IN RELOCATION OR EXTENDED FAMILY LEAVE, WAIVE AN  AMOUNT
 OF  THE  AWARD  CONVERTED INTO A STUDENT LOAN EQUAL TO THE AMOUNT OF THE
 AWARD MULTIPLIED BY  THE  YEARS  THE  RECIPIENT  FULFILLED  HIS  OR  HER
 REQUIREMENTS UNDER SUBDIVISION THREE OF THIS SECTION DIVIDED BY EIGHT.
   (C)  NOTWITHSTANDING ANY PROVISIONS OF THIS PARAGRAPH TO THE CONTRARY,
 THE OFFICE IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO  PROVIDE
 FOR  THE  WAIVER  OR  SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD
 INVOLVE EXTREME HARDSHIP.
   5. RECIPIENT SELECTION. THE OFFICE SHALL ESTABLISH: (A) AN APPLICATION
 DEADLINE OF WITHIN TWO YEARS OF COMPLETING A QUALIFYING COURSE OF STUDY;
 (B) A METHOD OF SELECTING RECIPIENTS IF IN  ANY  GIVEN  YEAR  THERE  ARE
 INSUFFICIENT  FUNDS  TO  COVER  THE NEEDS OF ALL THE APPLICANTS PROVIDED
 THAT PRIORITY SHALL BE GIVEN TO ELIGIBLE APPLICANTS; AND (C) A METHOD OF
 RECORDING HOW MUCH EACH RECIPIENT OWES IN STUDENT LOANS AT ANY TIME, HOW
 MUCH EACH RECIPIENT HAD TAKEN OUT IN PRINCIPAL IN STUDENT LOANS AND  HOW
 MUCH HAS BEEN PAID ON EACH RECIPIENT'S STUDENT LOANS BY THE PROGRAM.
   6. RULES AND REGULATIONS. THE OFFICE IS AUTHORIZED TO PROMULGATE RULES
 AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR
 THE  IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION INCLUDING, BUT NOT

 S. 3656                             3
 
 LIMITED TO, THE CRITERIA FOR DISTRIBUTING THE AWARDS, WHICH MAY  INCLUDE
 A LOTTERY OR OTHER FORM OF RANDOM SELECTION.
   §  2.  The sum of one million dollars ($1,000,000), or so much thereof
 as may be necessary, is hereby annually appropriated out  of  moneys  in
 the  state  treasury  in  the  general  fund  to the credit of the state
 purposes account,  not  otherwise  appropriated,  and  made  immediately
 available  to the office of higher education of the department of educa-
 tion 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 in the manner prescribed by law.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.