S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3144
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       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    S  2.  The  executive  law is amended by adding a new section 209-u to
   10  read as follows:
   11    S 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 FIFTEEN THAT ADDED THIS SECTION, A STRATEGIC PLAN TO THE
   18  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05133-01-5
       A. 3144                             2
    1  THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF  THE
    2  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. 3144                             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    S  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 FIFTEEN--TWO THOUSAND SIXTEEN 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 FIFTEEN--TWO THOUSAND SIXTEEN 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. 3144                             4
    1  FIFTEEN--TWO  THOUSAND  SIXTEEN  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    S 4. The education law is amended by adding a  new  section  606-a  to
   52  read as follows:
   53    S 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. 3144                             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    S  5.  The  state  finance  law is amended by adding four new sections
   23  99-w, 99-x, 99-y and 99-z to read as follows:
   24    S 99-W. 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    S 99-X. 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    S  99-Y.  RECRUITMENT  AND  PROMOTION PROGRAM FUND. 1. THERE IS HEREBY
   55  ESTABLISHED IN THE JOINT CUSTODY OF THE STATE  COMPTROLLER  AND  COMMIS-
       A. 3144                             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    S 99-Z. 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    S 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. 3144                             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    S 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    S  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.