S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1569
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law, in relation to establishing  a  novel
   virus essential workers scholarship 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  608-b
 to read as follows:
   § 608-B. NOVEL VIRUS ESSENTIAL WORKER SCHOLARSHIPS. 1. NOTWITHSTANDING
 SUBDIVISION  FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS TITLE, ESSEN-
 TIAL EMPLOYEES WHO WORKED  DURING  THE  OUTBREAK  OF  NOVEL  CORONAVIRUS
 DISEASE  TWO  THOUSAND  NINETEEN  (COVID-19)  OR  DURING THE OUTBREAK OF
 ANOTHER NOVEL VIRUS WHICH RESULTS IN THE DECLARATION OF A STATE DISASTER
 EMERGENCY AND CHILDREN OF ESSENTIAL EMPLOYEES WHO HAVE DIED AS A  RESULT
 OF  CONTRACTING  COVID-19  OR  ANOTHER NOVEL VIRUS, SHALL BE ELIGIBLE TO
 RECEIVE A SCHOLARSHIP IN AN ANNUAL AMOUNT DETERMINED PURSUANT TO  SUBDI-
 VISION  TWO  OF  SECTION  SIX  HUNDRED  SIXTY-EIGHT-H OF THIS TITLE. THE
 COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REGARDING WHO QUALI-
 FIES AS AN ESSENTIAL EMPLOYEE.
   2. AWARDS UNDER THIS SECTION SHALL BE PAYABLE FOR  EACH  OF  NOT  MORE
 THAN  FOUR  ACADEMIC YEARS OF UNDERGRADUATE STUDY OR FIVE ACADEMIC YEARS
 IF A PROGRAM NORMALLY REQUIRES FIVE YEARS, AS DEFINED BY THE COMMISSION-
 ER PURSUANT TO THIS ARTICLE.
   3. FOR PURPOSES OF THIS SECTION, "NOVEL VIRUS" MEANS A VIRUS OR BACTE-
 RIAL STRAIN THAT HAS NOT BEEN PREVIOUSLY IDENTIFIED IN HUMANS.
   § 2. The education law is amended by adding a  new  section  668-h  to
 read as follows:
   §  668-H.  NOVEL  VIRUS  ESSENTIAL  WORKER  SCHOLARSHIPS.  1. ELIGIBLE
 GROUPS.  NOTWITHSTANDING SUBDIVISION FIVE OF SECTION SIX HUNDRED  SIXTY-
 ONE  OF THIS PART, ESSENTIAL EMPLOYEES WHO WORKED DURING THE OUTBREAK OF
 NOVEL CORONAVIRUS DISEASE TWO THOUSAND NINETEEN (COVID-19) OR DURING THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03146-02-3
              

 A. 1569                             2
 
 OUTBREAK OF ANOTHER NOVEL VIRUS WHICH RESULTS IN THE  DECLARATION  OF  A
 STATE  DISASTER  EMERGENCY  AND CHILDREN OF ESSENTIAL EMPLOYEES WHO HAVE
 DIED AS A RESULT OF CONTRACTING COVID-19 OR ANOTHER NOVEL  VIRUS,  SHALL
 BE  ELIGIBLE TO RECEIVE A SCHOLARSHIP. THE COMMISSIONER SHALL PROMULGATE
 RULES AND REGULATIONS REGARDING WHO QUALIFIES AS AN ESSENTIAL  EMPLOYEE.
 FOR  PURPOSES  OF THIS SECTION, "NOVEL VIRUS" MEANS A VIRUS OR BACTERIAL
 STRAIN THAT HAS NOT BEEN PREVIOUSLY IDENTIFIED IN HUMANS.
   2. AMOUNT. (A) THE PRESIDENT SHALL GRANT ANNUAL  SCHOLARSHIPS  IN  THE
 FOLLOWING AMOUNTS:
   (1)  IF THE RECIPIENT ATTENDS AN INSTITUTION OF THE CITY UNIVERSITY OF
 NEW YORK OR AN INSTITUTION OF THE STATE UNIVERSITY  OF  NEW  YORK  OTHER
 THAN  THE  STATUTORY  COLLEGES  AT CORNELL, THE COLLEGE OF ENVIRONMENTAL
 SCIENCE AND FORESTRY AT SYRACUSE AND THE COLLEGE OF CERAMICS AT  ALFRED,
 THE  ANNUAL  AWARD  SHALL  BE AN AMOUNT EQUAL TO: THE TUITION CHARGED AT
 SUCH INSTITUTION PROVIDED THAT, NOTWITHSTANDING ANY PROVISION OF LAW  TO
 THE  CONTRARY,  THE TUITION CHARGED TO AWARD RECIPIENTS SHALL NOT EXCEED
 THAT CHARGED TO STATE RESIDENT STUDENTS ATTENDING SUCH INSTITUTION;  THE
 MANDATORY  FEES CHARGED AT SUCH INSTITUTION; AND THE NON-TUITION COST OF
 ATTENDANCE AT SUCH INSTITUTION OR COLLEGE, PROVIDED THAT THE SCHOLARSHIP
 SHALL NOT EXCEED AN AMOUNT THAT IS EQUAL TO THE TOTAL COST OF ATTENDANCE
 DETERMINED FOR FEDERAL TITLE IV STUDENT FINANCIAL AID PURPOSES, LESS ALL
 OTHER SCHOLARSHIPS AND GRANTS PROVIDED BY NEW YORK STATE, OTHER  STATES,
 THE  FEDERAL  GOVERNMENT, OR OTHER GOVERNMENTS, AND THE AMOUNT OF EDUCA-
 TIONAL BENEFITS PAID UNDER ANY PROGRAM THAT WOULD DUPLICATE THE PURPOSES
 OF THIS PROGRAM, PROVIDED THAT ANY SCHOLARSHIPS OR GRANTS PROVIDED TO  A
 RECIPIENT  BY  THE INSTITUTION WHICH ARE INTENDED TO FUND ANY PORTION OF
 THE DIFFERENCE BETWEEN THE ANNUAL STATE AWARD AND THE  ACTUAL  COSTS  OF
 ATTENDANCE  AT ANY SUCH INSTITUTION SHALL NOT BE CONSIDERED TO DUPLICATE
 THE PURPOSES OF THIS PROGRAM; OR
   (2) IF THE RECIPIENT ATTENDS ANY OTHER  APPROVED  PROGRAM  WITHIN  NEW
 YORK STATE, THE ANNUAL AWARD SHALL BE BASED UPON AN AMOUNT EQUAL TO: THE
 TUITION CHARGED TO STATE RESIDENT STUDENTS ATTENDING A FOUR-YEAR COLLEGE
 OF  THE STATE UNIVERSITY OF NEW YORK; THE AVERAGE MANDATORY FEES CHARGED
 AT FOUR-YEAR COLLEGES OF THE STATE UNIVERSITY OF NEW YORK, OR THE ACTUAL
 TUITION AND FEES CHARGED TO THE RECIPIENT, WHICHEVER IS  LESS;  AND  THE
 AVERAGE  NON-TUITION  COST OF ATTENDANCE, AS DETERMINED BY THE PRESIDENT
 AND AS APPROVED BY THE DIRECTOR OF THE BUDGET,  FOR  A  STUDENT  AT  THE
 STATE UNIVERSITY OF NEW YORK OR ACTUAL NON-TUITION COST OF ATTENDANCE AT
 SUCH INSTITUTION, WHICHEVER IS LESS, PROVIDED THAT THE SCHOLARSHIP SHALL
 NOT  EXCEED  AN  AMOUNT  THAT  IS  EQUAL TO THE TOTAL COST OF ATTENDANCE
 DETERMINED FOR FEDERAL TITLE IV STUDENT FINANCIAL AID PURPOSES, LESS ALL
 OTHER SCHOLARSHIPS AND GRANTS PROVIDED BY NEW YORK STATE, OTHER  STATES,
 THE  FEDERAL  GOVERNMENT, OR OTHER GOVERNMENTS, AND THE AMOUNT OF EDUCA-
 TIONAL BENEFITS PAID UNDER ANY PROGRAM THAT WOULD DUPLICATE THE PURPOSES
 OF THIS PROGRAM, PROVIDED THAT ANY SCHOLARSHIPS OR GRANTS PROVIDED TO  A
 RECIPIENT  BY  THE INSTITUTION WHICH ARE INTENDED TO FUND ANY PORTION OF
 THE DIFFERENCE BETWEEN THE ANNUAL STATE AWARD AND THE  ACTUAL  COSTS  OF
 ATTENDANCE  AT ANY SUCH INSTITUTION SHALL NOT BE CONSIDERED TO DUPLICATE
 THE PURPOSES OF THIS PROGRAM.
   (3) "NON-TUITION COST OF ATTENDANCE", AS  USED  IN  THIS  SUBDIVISION,
 SHALL  MEAN:  (I)  THE ACTUAL AMOUNT CHARGED BY THE INSTITUTION FOR ROOM
 AND BOARD, AND (II) AN ALLOWANCE FOR TRANSPORTATION, BOOKS AND  SUPPLIES
 AS  DETERMINED  BY  THE PRESIDENT AND AS APPROVED BY THE DIRECTOR OF THE
 BUDGET, PROVIDED THAT SUCH DETERMINATION SHALL BE  MADE  NO  LATER  THAN
 DECEMBER FIRST OF EACH YEAR FOR USE IN THE SUCCEEDING ACADEMIC YEAR.  IN
 THE EVENT A STUDENT DOES NOT INCUR ROOM OR BOARD CHARGES AT THE INSTITU-
 A. 1569                             3
 
 TION,  "NON-TUITION COST OF ATTENDANCE" SHALL MEAN AN ALLOWANCE FOR ROOM
 AND BOARD AS DETERMINED BY THE PRESIDENT AND APPROVED BY THE DIRECTOR OF
 THE BUDGET. IN DETERMINING ALLOWANCES PURSUANT TO THIS SUBPARAGRAPH, THE
 PRESIDENT MAY TAKE INTO CONSIDERATION THE ALLOWANCES PROVIDED FOR IN THE
 PELL GRANT PROGRAM.
   (B)  IN  NO  EVENT  SHALL THE COMBINATION OF ALL STUDENT FINANCIAL AID
 RECEIVED BY A STUDENT EXCEED A RECIPIENT'S TOTAL COST OF  ATTENDANCE  AT
 THE INSTITUTION BEING ATTENDED.
   3.  DURATION.  AWARDS  UNDER THIS SECTION SHALL BE PAYABLE FOR EACH OF
 NOT MORE THAN FOUR ACADEMIC YEARS OF UNDERGRADUATE STUDY OR FIVE ACADEM-
 IC YEARS IF A PROGRAM NORMALLY REQUIRES FIVE YEARS, AS  DEFINED  BY  THE
 COMMISSIONER PURSUANT TO ARTICLE THIRTEEN OF THIS TITLE.
   §  3.  Section  604  of  the  education law is amended by adding a new
 subdivision 13 to read as follows:
   13. NOVEL VIRUS ESSENTIAL WORKER SCHOLARSHIPS PURSUANT TO SECTION  SIX
 HUNDRED SIXTY-EIGHT-H OF THIS TITLE.
   § 4. This act shall take effect immediately.