Bill Text: NY A02856 | 2011-2012 | General Assembly | Introduced

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Bill Title: Creates a baccalaureate and associate nursing assistance program within the department of health to provide loans to persons in pursuit of a nursing degree at an approved institution in this state; provides that nurses receiving loans will be obligated for one year of service as a nurse in New York for each year assistance was received; establishes an advisory council to assist in the administration of such program.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2012-01-04 - referred to higher education [A02856 Detail]

Download: New_York-2011-A02856-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2856
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2011
                                      ___________
       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:
    1    Section 1.  The education law is amended by adding a new section 678-a
    2  to read as follows:
    3    S 678-A. BACCALAUREATE AND ASSOCIATE NURSING ASSISTANCE PROGRAM.    1.
    4  DEFINITIONS.  FOR  PURPOSES OF THIS SECTION "APPROVED INSTITUTION" MEANS
    5  AN INSTITUTION LOCATED IN NEW YORK STATE THAT OFFERS A  NATIONAL  LEAGUE
    6  FOR  NURSING ACCREDITED PROGRAM LEADING TO AN ASSOCIATE OR BACCALAUREATE
    7  DEGREE IN NURSING.
    8    2. ESTABLISHMENT. THERE IS HEREBY ESTABLISHED  THE  BACCALAUREATE  AND
    9  ASSOCIATE  NURSING ASSISTANCE PROGRAM WITHIN THE DEPARTMENT. THE PURPOSE
   10  OF SUCH PROGRAM SHALL BE TO PROVIDE LOANS TO PERSONS  IN  PURSUIT  OF  A
   11  NURSING CAREER IN AN APPROVED INSTITUTION.
   12    3.  DEPARTMENT'S  RESPONSIBILITIES.  THE  DEPARTMENT SHALL PREPARE AND
   13  SUPERVISE THE ISSUANCE OF PUBLIC INFORMATION  ABOUT  THE  PROVISIONS  OF
   14  THIS  SECTION;  DETERMINE  THE  ELIGIBILITY OF APPLICANTS; PRESCRIBE THE
   15  FORM AND REGULATE THE SUBMISSION OF APPLICATIONS FOR  LOANS;  AWARD  THE
   16  APPROPRIATE  LOANS; PRESCRIBE THE NOTES OR OTHER ACKNOWLEDGEMENTS OF THE
   17  LOAN WHICH THE APPLICANT IS REQUIRED TO EXECUTE; AND  DETERMINE  WHETHER
   18  ALL  OR ANY PART OF AN APPLICANT'S LOAN NEEDS TO BE PAID OR EXCUSED FROM
   19  PAYMENT, AND THE EXTENT OF ANY PAYMENT OR EXCUSED PAYMENT THE DEPARTMENT
   20  MAY REQUIRE A LOAN  RECIPIENT  TO  REIMBURSE  THE  STATE  FOR  EXPENSES,
   21  INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, INCURRED BY THE DEPARTMENT
   22  OR  OTHER  AGENT  OF THE STATE FOR A SUCCESSFUL LEGAL ACTION AGAINST THE
   23  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.
                                                                  LBD02224-01-1
       A. 2856                             2
    1    4. ADVISORY COUNCIL. THE COMMISSIONER IS HEREBY AUTHORIZED  TO  ESTAB-
    2  LISH  AND APPOINT AN ADVISORY COUNCIL TO ASSIST IN THE ADMINISTRATION OF
    3  SUCH PROGRAM, THE FORMULATION OF NECESSARY RULES  AND  REGULATIONS,  THE
    4  ESTABLISHMENT OF STANDARDS FOR ELIGIBILITY AND ANY OTHER MATTERS RELATED
    5  THERETO.    THE  COUNCIL  SHALL CONSIST OF SEVEN MEMBERS APPOINTED FOR A
    6  TERM OF TWO YEARS. FROM TIME TO TIME, BUT AT LEAST ONCE  IN  EVERY  FIVE
    7  YEARS,  THE ADVISORY COUNCIL SHALL MAKE AND PUBLISH AN EVALUATION OF THE
    8  PROGRAM UNDER THIS SECTION.
    9    5. ELIGIBILITY. AN APPLICANT SHALL BE ELIGIBLE FOR A LOAN  UNDER  THIS
   10  SECTION IF THE DEPARTMENT FINDS THAT:
   11    (A)  THE  APPLICANT  IS  ENROLLED  IN A NURSING PROGRAM AT AN APPROVED
   12  ACADEMIC INSTITUTION.
   13    (B) THE APPLICANT HAS BEEN A PERMANENT LEGAL RESIDENT OF THE STATE FOR
   14  AT LEAST ONE YEAR PRIOR TO SUBMITTING THE APPLICATION.
   15    (C) THE APPLICANT IS IN NEED OF FINANCIAL ASSISTANCE.
   16    (D) THE APPLICANT IS ENROLLED AS A STUDENT IN EITHER A  FOUR  YEAR  OR
   17  TWO YEAR ACADEMIC PROGRAM LEADING TO A DEGREE IN NURSING.
   18    6.  AMOUNT  OF  LOANS.  A  LOAN MAY BE MADE IN AN AMOUNT NOT TO EXCEED
   19  TWENTY-FIVE HUNDRED DOLLARS PER YEAR FOR  LIVING  EXPENSES  AND  NOT  TO
   20  EXCEED  TWENTY-FIVE  HUNDRED  DOLLARS PER YEAR FOR FULL-TIME TUITION AND
   21  FEES, UP TO A MAXIMUM OF FORTY-FIVE  HUNDRED  DOLLARS  PER  YEAR  FOR  A
   22  FULL-TIME  STUDENT  OR  UP  TO  TWENTY-FIVE HUNDRED DOLLARS PER YEAR FOR
   23  PART-TIME STUDENTS FOR TUITION AND FEES, LESS ANY OTHER STATE OR FEDERAL
   24  ASSISTANCE RECEIVED BY AN APPLICANT TO ASSIST THE APPLICANT'S PURSUIT OF
   25  A BACCALAUREATE OR ASSOCIATE DEGREE IN NURSING. THE DEPARTMENT MAY GRANT
   26  LOANS ON A QUARTERLY OR SEMI-ANNUAL BASIS AND SHALL REQUIRE  THE  APPLI-
   27  CANT  TO  DILIGENTLY  PURSUE  HIS/HER STUDIES AND MAINTAIN GOOD ACADEMIC
   28  STANDING.
   29    7. REPAYMENT OF LOANS. IN ORDER TO RECEIVE THE ASSISTANCE, EACH RECIP-
   30  IENT MUST ENTER INTO A BINDING CONTRACT WITH THE STATE  TO  FULFILL  THE
   31  OBLIGATIONS  INCURRED. RECIPIENTS WHO FAIL TO COMPLETE THEIR STUDIES DUE
   32  TO ACADEMIC FAILURE OR VOLUNTARY WITHDRAWAL OR OTHER  ACTIONS  ON  THEIR
   33  PART  MUST REPAY THE FULL AMOUNT OF THE LOAN WITH REASONABLE INTEREST AS
   34  DETERMINED BY THE  COMMISSIONER.  NURSING  STUDENTS  WHO  RECEIVE  LOANS
   35  THROUGH  THE  PROGRAM  MAY REPAY THEIR OBLIGATION TO THE PROGRAM THROUGH
   36  EMPLOYMENT FOR ONE YEAR IN THIS STATE AS A NURSE FOR EACH YEAR FOR WHICH
   37  ASSISTANCE WAS RECEIVED PROVIDED, HOWEVER, THAT PART-TIME  STUDENTS  MAY
   38  REPAY  THEIR OBLIGATION TO THE PROGRAM THROUGH EMPLOYMENT FOR SIX MONTHS
   39  IN THIS STATE AS  A  NURSE  FOR  EACH  YEAR  FOR  WHICH  ASSISTANCE  WAS
   40  RECEIVED.
   41    8. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH RULES
   42  AND  REGULATIONS  AS  ARE  NECESSARY  FOR THE ESTABLISHMENT AND ADMINIS-
   43  TRATION OF THE PROGRAM PROVIDED FOR IN THIS SECTION.
   44    S 2. This act shall take effect on the first of July  next  succeeding
   45  the  date  on  which it shall have become a law, provided, however, that
   46  effective immediately, the addition,  amendment  and/or  repeal  of  any
   47  rules  or  regulations necessary for the implementation of the foregoing
   48  section of this act on its effective date is authorized and directed  to
   49  be made and completed on or before such effective date.