S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5097

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. BUTLER,
  CROUCH,  FITZPATRICK,  HAWLEY, THIELE -- read once and referred 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:
  S 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08107-01-3

              

A. 5097                             2

  4. ADVISORY COUNCIL. THE COMMISSIONER IS HEREBY AUTHORIZED  TO  ESTAB-
LISH  AND APPOINT AN ADVISORY COUNCIL TO ASSIST IN THE ADMINISTRATION OF
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
ASSISTANCE 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.
  S 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.