Add §209-u, Exec L; amd §605, add §606-a, Ed L; add §§99-aa - 99-dd, St Fin L
Establishes the nursing education expansion program, including faculty development program, capital facility program and the recruitment and promotion program; creates regents nursing shortage scholarships; provides for county matching awards for professional education in nursing; establishes the "nursing faculty development program fund", the "nursing capital facilities program fund", the "recruitment and promotion program fund", and the "county match awards for professional education in nursing fund"; appropriates $25,620,000 therefor.
STATE OF NEW YORK
________________________________________________________________________
1970
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
___________
Introduced by M. of A. CROUCH, BARCLAY, FINCH, GIGLIO, LOPEZ, McDONOUGH,
McKEVITT, RAIA, SALADINO, THIELE -- read once and referred to the
Committee on Higher Education
AN ACT to amend the executive law and the education law, in relation to
establishing the nursing education expansion program; to amend the
state finance law, in relation to establishing the "nursing faculty
development program fund", the "nursing capital facilities program
fund", the "recruitment and promotion program fund", and the "county
match awards for professional education in nursing fund"; making an
appropriation therefor; and providing for the repeal of certain
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. New York is currently facing a nursing
2 shortage. This act addresses the shortcomings that have resulted in the
3 nursing shortage. This act will provide scholarships for those students
4 who wish to pursue a career in nursing as well as provide assistance to
5 current nursing programs to expand their capacity in order to educate
6 more nursing students. This act will also provide funding to attract
7 potential students to study the field of nursing, beginning with high
8 school aged students.
9 § 2. The executive law is amended by adding a new section 209-u to
10 read as follows:
11 § 209-u. Nursing education expansion program. 1. There is hereby
12 established the nursing education expansion program. The program shall
13 include but need not be limited to the faculty development program, the
14 capital facility program and the recruitment and promotion program.
15 2. The commissioner of education shall provide no later than one
16 hundred eighty days after the effective date of the chapter of the laws
17 of two thousand seventeen that added this section, a strategic plan to
18 the governor, the temporary president of the senate, the minority leader
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04647-01-7
A. 1970 2
1 of the senate, the speaker of the assembly, and the minority leader of
2 the assembly which shall:
3 (a) establish criteria for the awarding of funds made available
4 through the nursing expansion program; all awards shall be made on a
5 competitive basis;
6 (b) provide a schedule for issuance of requests for proposals for the
7 nursing expansion program awards;
8 (c) provide a schedule for completion of review of proposals submitted
9 by institutions of higher education to the office;
10 (d) provide procedures for the issuance of awards from the nursing
11 education expansion program.
12 3. The faculty development program is hereby created to assist insti-
13 tutions of higher education with the retention and recruitment of nurs-
14 ing faculty. Funds appropriated for this program shall be administered
15 by the commissioner of education pursuant to request for proposals.
16 Consideration for the allocation of awards shall be given to all insti-
17 tutions of higher education within the state provided such institutions
18 demonstrate to the satisfaction of the commissioner a specific need for
19 such funds and the manner in which such award for the recruitment and
20 retention of nursing faculty would enhance the nursing education and
21 training capabilities and reputation of the institution.
22 The nursing education expansion program shall issue awards of up to
23 twenty thousand dollars per faculty member annually. Institutions may
24 apply for no more than three awards per institution per award length.
25 The commissioner of education shall promulgate rules and regulations to
26 establish:
27 (a) matching funds required from the academic institutions;
28 (b) a schedule for an annual reduction of the faculty development
29 award, and a corresponding increase in the matching funds from the
30 academic institution; and
31 (c) other rules and regulations deemed necessary by the commissioner
32 of education for the administration of this program.
33 4. (a) The capital facility program shall provide financing for the
34 design, acquisition, construction, reconstruction, rehabilitation or
35 improvement of nursing facilities, including equipment.
36 (b) Only an institution with a program that prepares a student to
37 receive a license to practice nursing as defined in section sixty-nine
38 hundred five and section sixty-nine hundred six of the education law,
39 and a program that prepares a student to receive a certificate for nurse
40 practitioner practice as defined in section sixty-nine hundred ten of
41 the education law shall be eligible to act as a primary host institution
42 for a capital facilities award as described in this subdivision.
43 (c) The capital facility program shall also provide financing for the
44 reconstruction, rehabilitation or improvement of existing laboratory
45 facilities. Funds available pursuant to this subdivision shall be avail-
46 able for nursing facilities at all institutions of higher education in
47 New York state.
48 (d) The capital facility program shall also provide financing for
49 equipment, such as but not limited to software and simulation equipment.
50 (e) The state education department, the city university construction
51 fund and the SUNY construction fund, may contract with the dormitory
52 authority of the state of New York to provide financing for the design,
53 construction, acquisition, reconstruction, rehabilitation and general
54 improvement of nursing facilities for those institutions receiving
55 awards.
A. 1970 3
1 5. The recruitment and promotion program is hereby created to provide
2 resources for, but not limited to, promotional material, advertising and
3 internships to attract students to the field of nursing. No less than
4 fifty percent of these funds must go to recruitment and promotion
5 efforts aimed at high school students.
6 § 3. Section 605 of the education law is amended by adding a new
7 subdivision 2-a to read as follows:
8 2-a. Regents nursing shortage scholarships. At least thirty percent of
9 the regents professional education in nursing scholarships awarded each
10 year shall be awarded to students beginning or engaged in the profes-
11 sional study in nursing who agree to practice nursing upon completion of
12 their professional training in an area in New York state designated as
13 having a shortage of nurses, provided, however, that to the extent that
14 regents nursing shortage scholarships are not awarded, such scholarships
15 shall be awarded as regents professional education in nursing scholar-
16 ships. The provisions of this subdivision shall only apply to any recip-
17 ient who receives his or her first award payment prior to the two thou-
18 sand seventeen--two thousand eighteen academic year.
19 a. In selecting and certifying scholarship recipients under this
20 section, priority shall be accorded to applicants in the following
21 order:
22 (i) first, to any applicant who:
23 (1) has a family income of six thousand dollars or less; and
24 (2) resides in an area designated as having a shortage of nurses
25 pursuant to paragraph c of this subdivision;
26 (ii) second, to any applicant who has a family income of six thousand
27 dollars or less;
28 (iii) third, to any applicant who:
29 (1) has a family income of ten thousand dollars or less; and
30 (2) resides in an area designated as having a shortage of nurses
31 pursuant to paragraph c of this subdivision;
32 (iv) fourth, to any applicant who has a family income of ten thousand
33 dollars or less;
34 (v) fifth, to any other applicant.
35 b. With respect to recipients who have received award payments prior
36 to the two thousand seventeen--two thousand eighteen academic year, with
37 such time as the commissioner shall by regulation provide, a recipient
38 of an award shall have practiced nursing in an area designated as having
39 a shortage of nurses pursuant to paragraph d of this subdivision for
40 that number of months calculated by multiplying by nine the number of
41 annual awards he or she received. If a recipient fails to comply fully
42 with such condition, the president shall be entitled to recover from
43 such recipient an amount which bears the same ratio to (i) the aggregate
44 of the amount of the awards received as (ii) the number of months the
45 recipient failed to comply with this condition bears to the number of
46 months he or she was obligated to comply with this condition, together
47 with interest at seven percent per annum computed from the date on which
48 he or she completed his or her professional training and/or active mili-
49 tary service. A recipient shall not be required to comply with the
50 provisions of this paragraph unless he or she shall have received a
51 nursing degree and any obligation to comply with such provisions shall
52 be cancelled upon his or her death. The regents shall make regulations
53 to provide for the waiver or suspension of any financial obligation
54 where compliance would involve extreme hardship.
55 c. The requirements of this paragraph shall apply to any recipient who
56 receives his or her first award payment commencing with the two thousand
A. 1970 4
1 seventeen--two thousand eighteen academic year or subsequently, and the
2 requirements of paragraph b of this subdivision shall not apply to such
3 recipients. Within such time as the commissioner shall by regulation
4 provide, a recipient of an award shall have practiced nursing in an area
5 designated as having a shortage of nurses pursuant to paragraph d of
6 this subdivision for that number of months calculated by multiplying by
7 nine the number of annual awards received by the recipient. If a recipi-
8 ent fails to comply fully with such condition, the president shall be
9 entitled to recover from such recipient an amount determined by the
10 formula:
11 A = 2B (t-s)
12 ---
13 t
14 in which "A" is the amount the president is entitled to recover; "B" is
15 the sum of all awards paid to the recipient and the interest on such
16 amount which would be payable if at the times such awards were paid they
17 were loans bearing interest at the maximum prevailing rate; "t" is the
18 total number of months in the recipient's period of obligated services;
19 and "s" is the number of months of service actually rendered by the
20 recipient. Any amount which the president is entitled to recover under
21 this paragraph shall be paid within the one year period beginning on the
22 date that the recipient failed to comply with this condition. A recipi-
23 ent shall not be required to comply with the provisions of this para-
24 graph unless he or she shall have received a nursing degree and until he
25 or she shall have completed his or her professional training, or active
26 military service, or both. Any obligation to comply with such provisions
27 shall be cancelled upon the death of the recipient. The commissioner
28 shall make regulations to provide for the waiver or suspension of any
29 financial obligation where compliance would involve extreme hardship.
30 d. The regents, after consultation with the commissioner of health,
31 shall designate those areas of New York state which have a shortage of
32 nurses for the purposes of this subdivision and, should it be necessary
33 in selecting among the applicants, may establish relative rankings of
34 those areas.
35 e. A recipient of an award shall report annually to the New York state
36 higher education services corporation, on forms prescribed by it, as to
37 the performance of the required services or the recipient's current
38 status, commencing the calendar year following graduation from nursing
39 school and continuing until the recipient shall have completed, or it is
40 determined he or she shall not be obligated to complete, the required
41 services. The corporation may also require the recipient to file a
42 report on his or her current status prior to graduation during any
43 calendar year in which an application for an additional award is not
44 filed. If the recipient shall fail to file any report required in this
45 subdivision within thirty days of written notice to the recipient,
46 mailed to the address shown on the last application for an award or last
47 report filed, whichever is later, the president may impose a fine of up
48 to one thousand dollars. The president shall have the discretion to
49 waive the filing of a report, excuse a delay in filing, or a failure to
50 file a report, or waive or reduce any fine imposed for good cause shown.
51 § 4. The education law is amended by adding a new section 606-a to
52 read as follows:
53 § 606-a. County matching awards for professional education in nursing.
54 Each county of the state is hereby authorized to establish awards in
55 such manner as the local legislative body of such county may determine,
56 for attendance by legal residents of this state, who meet the citizen-
A. 1970 5
1 ship requirements established by article fourteen of this chapter for
2 the professional study of nursing at approved nursing schools within New
3 York state, conditioned upon the promise of the scholarship holder to
4 practice nursing in such county for such period as such body may fix,
5 following his or her licensing as a nurse. Each such award shall entitle
6 the recipient to such sum of money as may be fixed by such body while in
7 attendance at approved nursing schools in New York state during a period
8 of not to exceed four years of professional study. For each dollar
9 provided by the county for such award, equal state dollars shall be
10 provided, up to but not exceeding two thousand five hundred dollars.
11 Such awards may, as an alternative to awards herein before authorized,
12 be granted by any such county to those already so licensed to practice
13 nursing upon the promise of such grantees to practice within the county
14 for a period of time and upon such terms and conditions as the county
15 may fix, provided such recipient did not receive a similar award while a
16 student. The county shall appropriate annually such sums of money as may
17 be necessary to defray the costs of such awards and moneys so appropri-
18 ated shall be deemed appropriated for a lawful county purpose and shall
19 be raised by the same method as moneys required for other lawful county
20 purposes. The county may apply for no more than four awards per award
21 length.
22 § 5. The state finance law is amended by adding four new sections
23 99-aa, 99-bb, 99-cc and 99-dd to read as follows:
24 § 99-aa. Nursing faculty development program fund. 1. There is hereby
25 established in the joint custody of the state comptroller and commis-
26 sioner of education a special fund to be known as the "nursing faculty
27 development program fund".
28 2. Such fund shall consist of all monies appropriated for the purpose
29 of such fund.
30 3. Monies of the fund shall be available to the nursing faculty devel-
31 opment program fund for the purposes of assisting institutions of higher
32 education with the retention and recruitment of nursing faculty pursu-
33 ant to subdivision three of section two hundred nine-u of the executive
34 law.
35 4. The monies of the fund shall be paid out on the audit and warrant
36 of the comptroller on vouchers certified or approved by the commissioner
37 of education, or by an officer or employee of the department of educa-
38 tion designated by such commissioner.
39 § 99-bb. Nursing capital facilities program fund. 1. There is hereby
40 established in the joint custody of the state comptroller and commis-
41 sioner of education a special fund to be known as the "nursing capital
42 facilities program fund".
43 2. Such fund shall consist of all monies appropriated for the purpose
44 of such fund.
45 3. Monies of the fund shall be available to the nursing capital facil-
46 ities program fund for the purposes of providing financing for the
47 design, acquisition, construction, reconstruction, rehabilitation or
48 improvement of nursing facilities pursuant to subdivision four of
49 section two hundred nine-u of the executive law.
50 4. The monies of the fund shall be paid out on the audit and warrant
51 of the comptroller on vouchers certified or approved by the commissioner
52 of education, or by an officer or employee of the department of educa-
53 tion designated by such commissioner.
54 § 99-cc. Recruitment and promotion program fund. 1. There is hereby
55 established in the joint custody of the state comptroller and commis-
A. 1970 6
1 sioner of education a special fund to be known as the "recruitment and
2 promotion program fund".
3 2. Such fund shall consist of all monies appropriated for the purpose
4 of such fund.
5 3. Monies of the fund shall be available to the recruitment and
6 promotion program fund for the purposes of providing resources for
7 attracting students to the field of nursing pursuant to subdivision five
8 of section two hundred nine-u of the executive law.
9 4. The monies of the fund shall be paid out on the audit and warrant
10 of the comptroller on vouchers certified or approved by the commissioner
11 of education, or by an officer or employee of the department of educa-
12 tion designated by such commissioner.
13 § 99-dd. County match awards for professional education in nursing
14 fund. 1. There is hereby established in the joint custody of the state
15 comptroller and commissioner of education a special fund to be known as
16 the "county match awards for professional education in nursing fund".
17 2. Such fund shall consist of all monies appropriated for the purpose
18 of such fund.
19 3. Monies of the fund shall be available to the county match awards
20 for professional education in nursing fund for the purposes of providing
21 awards to persons attending approved nursing schools in New York state
22 pursuant to section six hundred six-a of the education law.
23 4. The monies of the fund shall be paid out on the audit and warrant
24 of the comptroller on vouchers certified or approved by the commissioner
25 of education, or by an officer or employee of the department of educa-
26 tion designated by such commissioner.
27 § 6. The sum of twenty-five million six hundred twenty thousand
28 dollars ($25,620,000), or so much thereof as may be necessary, is hereby
29 appropriated to the department of education out of any moneys in the
30 state treasury in the general fund to the credit of the nursing educa-
31 tion expansion program fund not otherwise appropriated, and made imme-
32 diately available, for the purpose of carrying out the provisions of
33 this act. Such moneys shall be payable on the audit and warrant of the
34 comptroller on vouchers certified or approved by the commissioner of
35 education in the manner prescribed by law. Such sum shall be distributed
36 as follows:
37 1. Three million dollars ($3,000,000) for the nursing faculty develop-
38 ment program, or so much thereof as may be necessary, is hereby appro-
39 priated to the department of education from any moneys in the state
40 treasury in the general fund to the credit of the nursing education
41 expansion program fund not otherwise appropriated for services and
42 expenses of the department of education for the purposes of carrying out
43 the provisions of this act. Fifty-five nursing programs will receive
44 twenty thousand dollars ($20,000) per year, for each year of a three
45 year award length.
46 2. Twenty million dollars ($20,000,000) for the nursing capital facil-
47 ities program, or so much thereof as may be necessary, is hereby appro-
48 priated to the department of education from any moneys in the state
49 treasury in the general fund to the credit of the nursing education
50 expansion program fund not otherwise appropriated for services and
51 expenses of the department of education for the purposes of carrying out
52 the provisions of this act.
53 3. Two million dollars ($2,000,000) for the nursing recruitment and
54 promotion program, or so much thereof as may be necessary, is hereby
55 appropriated to the department of education from any moneys in the state
56 treasury in the general fund to the credit of the nursing education
A. 1970 7
1 expansion program fund not otherwise appropriated for services and
2 expenses of the department of education for the purposes of carrying out
3 the provisions of this act. One million dollars will be designated
4 towards promotion of nursing for high school students.
5 4. Six hundred twenty thousand dollars ($620,000) for the county match
6 awards for professional education in nursing, or so much thereof as may
7 be necessary, is hereby appropriated to the department of education from
8 any moneys in the state treasury in the general fund to the credit of
9 the nursing education expansion program fund not otherwise appropriated
10 for services and expenses of the department of education for the
11 purposes of carrying out the provisions of this act. Four students per
12 county will receive two thousand dollars per year for four years.
13 5. No expenditure shall be made from this appropriation until a
14 certificate of approval of availability shall have been issued by the
15 director of the budget and filed with the state comptroller and a copy
16 filed with the chair of the senate finance committee and the chair of
17 the assembly ways and means committee.
18 6. Such certificate may be amended from time to time by the director
19 of the budget and a copy of each such amendment shall be filed with the
20 state comptroller, the chair of the senate finance committee and the
21 chair of the assembly ways and means committee.
22 § 7. Notwithstanding the provisions of section 40 of the state finance
23 law, the monies appropriated by this act shall first be made available
24 on the first day of April next succeeding the date on which this act
25 shall have become a law. Notwithstanding the provisions of section 40 of
26 the state finance law, the monies appropriated by this act shall lapse
27 on the thirtieth day of September next succeeding the close of the
28 fiscal year in which the monies were first made available.
29 § 8. This act shall take effect immediately; provided, however, that
30 the provisions of paragraph (b) of subdivision 4 of section 209-u of the
31 executive law as added by section two of this act shall expire and be
32 deemed repealed 5 years after such date.
