Bill Text: NY A01106 | 2015-2016 | General Assembly | Introduced
Bill Title: Creates a regents large animal veterinarian loan forgiveness program; establishes the number, criteria and notification requirements to receive an award under such program; establishes such awards shall be awarded annually to veterinarians who agree to practice in large animal veterinarian medicine.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2016-01-06 - referred to higher education [A01106 Detail]
Download: New_York-2015-A01106-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1106 2015-2016 Regular Sessions I N A S S E M B L Y January 8, 2015 ___________ Introduced by M. of A. MAGEE -- Multi-Sponsored by -- M. of A. HAWLEY -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to creating a regents large animal veterinarian loan forgiveness program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 605 of the education law is amended by adding a new 2 subdivision 13 to read as follows: 3 13. REGENTS LARGE ANIMAL VETERINARIAN LOAN FORGIVENESS PROGRAM. 4 REGENTS VETERINARIAN LOAN FORGIVENESS AWARDS SHALL BE AWARDED ANNUALLY 5 TO LARGE ANIMAL VETERINARIANS WHO AGREE TO PRACTICE VETERINARY MEDICINE 6 IN AN AREA OF NEW YORK STATE DESIGNATED BY THE REGENTS AS HAVING A SHOR- 7 TAGE OF LARGE ANIMAL VETERINARIANS. SUCH AWARDS SHALL BE CLASSIFIED AND 8 ALLOCATED IN ACCORDANCE WITH REGENTS RULES. 9 A. ELIGIBILITY. (1) THE APPLICANT MUST BE A RESIDENT OF NEW YORK STATE 10 AND LICENSED TO PRACTICE VETERINARY MEDICINE. 11 (2) THE APPLICANT MUST HAVE COMPLETED A PROFESSIONAL RESIDENCY PROGRAM 12 WITHIN THE FIVE YEARS IMMEDIATELY PRECEDING THE PERIOD FOR WHICH THE 13 FIRST AWARD WOULD BE GRANTED, OR BE WITHIN TWO YEARS OF COMPLETION OF AN 14 ACCREDITED RESIDENCY PROGRAM IN LARGE ANIMAL VETERINARY MEDICINE. 15 (3) THE APPLICANT MUST AGREE TO PRACTICE LARGE ANIMAL VETERINARY MEDI- 16 CINE IN AN AREA IN NEW YORK STATE DESIGNATED AS HAVING A SHORTAGE OF 17 LARGE ANIMAL VETERINARIANS. THE REGENTS, AFTER CONSULTATION WITH THE 18 COMMISSIONERS OF AGRICULTURE AND MARKETS AND HEALTH, SHALL DESIGNATE 19 THOSE REGIONS AND FACILITIES OF NEW YORK STATE WHICH HAVE A SHORTAGE OF 20 LARGE ANIMAL VETERINARIANS FOR THE PURPOSES OF THIS SECTION AND ESTAB- 21 LISH RELATIVE RANKINGS THEREOF. 22 B. SELECTION. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONERS 23 OF AGRICULTURE AND MARKETS AND HEALTH, SHALL ESTABLISH CRITERIA FOR THE 24 SELECTION OF PARTICIPANTS IN THE PROGRAM. AN APPLICANT MUST SATISFY AT 25 LEAST ONE OF THE CRITERIA ESTABLISHED. A PRIORITY SHALL BE ACCORDED TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05500-01-5 A. 1106 2 1 ANY APPLICANT WHO IS COMPLETING THE SECOND YEAR OF THE SERVICE REQUIRE- 2 MENT AND IS REAPPLYING FOR A NEW AWARD. THE CRITERIA SHALL INCLUDE BUT 3 NOT BE LIMITED TO THE FOLLOWING: 4 (I) REAPPLICATION FOR A NEW AWARD BY A PERSON WHO IS COMPLETING THE 5 SECOND YEAR OF A SERVICE REQUIREMENT; 6 (II) RECEIPT OF SPECIFIC TRAINING IN LARGE ANIMAL VETERINARY MEDICINE; 7 (III) RECEIPT OF SPECIFIC TRAINING OR EXPERIENCE IN SERVING A SHORTAGE 8 AREA; 9 (IV) RECEIPT OF SPECIFIC TRAINING OR EXPERIENCE MATCHING A SPECIFIC 10 LARGE ANIMAL MEDICAL NEED EXISTING IN A SHORTAGE AREA; AND 11 (V) AGREEMENT PURSUANT TO PARAGRAPH D OF THIS SUBDIVISION TO PRACTICE 12 IN AN AREA DETERMINED BY THE REGENTS TO HAVE A SEVERE SHORTAGE OF LARGE 13 ANIMAL VETERINARY SERVICES. 14 C. NOTIFICATION. (1) THE COMMISSIONER SHALL THEN FORWARD APPROVED 15 APPLICATIONS TO THE PRESIDENT AND SHALL NOTIFY UNSUCCESSFUL APPLICANTS. 16 (2) THE PRESIDENT SHALL VERIFY THE APPROVED APPLICANTS': 17 (I) ELIGIBILITY; AND 18 (II) TOTAL UNDERGRADUATE AND VETERINARY MEDICAL SCHOOL STUDENT 19 EXPENSE; 20 (3) THE PRESIDENT SHALL NOTIFY APPLICANTS OF THEIR AWARD ENTITLEMENT. 21 D. SERVICE REQUIREMENT. WITHIN SUCH TIME AS THE COMMISSIONER SHALL BY 22 REGULATION PROVIDE, A RECIPIENT OF AN AWARD SHALL HAVE AGREED TO PRAC- 23 TICE LARGE ANIMAL VETERINARY MEDICINE IN A SPECIFIC AREA DESIGNATED AS 24 HAVING A SHORTAGE OF LARGE ANIMAL VETERINARIANS FOR A PERIOD OF TWELVE 25 MONTHS FOR EACH ANNUAL PAYMENT TO BE RECEIVED BY THE RECIPIENT. LARGE 26 ANIMAL VETERINARIANS IN TRAINING WHO RECEIVE AN AWARD SHALL NOT RECEIVE 27 CREDIT TOWARD THEIR REQUIRED SERVICE FOR TIME SPENT IN A TRAINING 28 PROGRAM. IN NO CASE SHALL THE TOTAL NUMBER OF MONTHS OF SERVICE REQUIRED 29 BE LESS THAN TWENTY-FOUR. THE PRESIDENT SHALL, IN CONSULTATION WITH THE 30 COMMISSIONER, DEVELOP AND SECURE FROM EACH AWARD RECIPIENT, A WRITTEN 31 AGREEMENT TO: 32 (1) PRACTICE LARGE ANIMAL VETERINARY MEDICINE IN THE DESIGNATED SHORT- 33 AGE AREA; 34 (2) TO PROVIDE THIRTY-FIVE HOURS PER WEEK OF DIRECT ANIMAL CARE IN THE 35 DESIGNATED SHORTAGE AREA BEING SERVED, OR TO THE DESIGNATED ANIMAL POPU- 36 LATION BEING SERVED. IF A RECIPIENT FAILS TO COMPLY FULLY WITH SUCH 37 CONDITIONS, THE PRESIDENT SHALL BE ENTITLED TO RECEIVE FROM SUCH RECIPI- 38 ENT AN AMOUNT TO BE DETERMINED BY THE FORMULA: 39 A = 2B (T-S) 40 ___ 41 T 42 IN WHICH "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO RECOVER; "B" IS 43 THE SUM OF ALL PAYMENTS MADE TO THE RECIPIENT AND THE INTEREST ON SUCH 44 AMOUNT WHICH WOULD BE PAYABLE IF AT THE TIMES SUCH AWARDS WERE PAID THEY 45 WERE LOANS BEARING INTEREST AT THE MAXIMUM PREVAILING RATE; "T" IS THE 46 TOTAL NUMBER OF MONTHS IN THE RECIPIENT'S PERIOD OF OBLIGATED SERVICES; 47 AND "S" IS THE NUMBER OF MONTHS OF SERVICE ACTUALLY RENDERED BY THE 48 RECIPIENT. ANY AMOUNT WHICH THE PRESIDENT IS ENTITLED TO RECOVER UNDER 49 THIS PARAGRAPH SHALL BE PAID WITHIN THE FIVE-YEAR PERIOD BEGINNING ON 50 THE DATE THAT THE RECIPIENT FAILED TO COMPLY WITH THIS SERVICE CONDI- 51 TION. NOTHING IN THE WRITTEN AGREEMENT SHALL AFFECT THE TERMS OF EMPLOY- 52 MENT OF THE INDIVIDUAL WHO SHALL NEGOTIATE, SEPARATE AND APART FROM THE 53 PROGRAM, HIS OR HER SALARY AND OTHER FORMS OF EMPLOYMENT WITH AN AGENCY, 54 INSTITUTION OR A PROGRAM IN WHICH HE OR SHE SHALL BE EMPLOYED. ANY OBLI- 55 GATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION SHALL 56 BE CANCELLED UPON THE DEATH OF THE RECIPIENT. THE COMMISSIONER SHALL A. 1106 3 1 MAKE REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINAN- 2 CIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP. 3 E. REPORTING. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW 4 YORK STATE HIGHER EDUCATION SERVICES CORPORATION, THE DEPARTMENT OF 5 AGRICULTURE AND MARKETS AND THE DEPARTMENT OF HEALTH ON FORMS PRESCRIBED 6 BY THE PRESIDENT, AS TO THE PERFORMANCE OF THE REQUIRED SERVICES, 7 COMMENCING WITH THE CALENDAR YEAR IN WHICH THE RECIPIENT BEGINS TO PRAC- 8 TICE LARGE ANIMAL VETERINARY MEDICINE IN A SHORTAGE AREA AND CONTINUING 9 UNTIL THE RECIPIENT SHALL HAVE COMPLETED, OR IT IS DETERMINED THAT HE OR 10 SHE SHALL NOT BE OBLIGATED TO COMPLETE, THE REQUIRED SERVICES. IF THE 11 RECIPIENT SHALL FAIL TO FILE ANY REPORT REQUIRED HEREUNDER WITHIN THIRTY 12 DAYS OF WRITTEN NOTICE TO THE RECIPIENT, MAILED TO THE ADDRESS SHOWN ON 13 THE LAST APPLICATION FOR AN AWARD OR LAST REPORT FILED, WHICHEVER IS 14 LATER, THE PRESIDENT OF THE CORPORATION MAY IMPOSE A FINE OF UP TO ONE 15 THOUSAND DOLLARS. THE PRESIDENT SHALL HAVE THE DISCRETION TO WAIVE THE 16 FILING OF A REPORT, EXCUSE A DELAY IN FILING OR A FAILURE TO FILE A 17 REPORT, OR WAIVE OR REDUCE ANY FINE IMPOSED FOR GOOD CAUSE SHOWN. 18 F. OTHER AWARDS. AWARD RECIPIENTS SHALL BE ELIGIBLE TO APPLY FOR ONE 19 ADDITIONAL AWARD. 20 S 2. The education law is amended by adding a new section 672-c to 21 read as follows: 22 S 672-C. REGENTS LARGE ANIMAL VETERINARIAN LOAN FORGIVENESS PROGRAM. 23 1. NUMBER AND CERTIFICATION. EIGHTY REGENTS LARGE ANIMAL VETERINARIAN 24 LOAN FORGIVENESS AWARDS SHALL BE AWARDED EACH YEAR. SUCH AWARDS SHALL BE 25 ALLOCATED AS PROVIDED IN ARTICLE THIRTEEN OF THIS TITLE TO ELIGIBLE 26 LARGE ANIMAL VETERINARIANS AS CERTIFIED TO THE PRESIDENT BY THE COMMIS- 27 SIONER. 28 2. CALCULATION OF AWARD AMOUNTS. EACH AWARD SHALL CONSIST OF TWO 29 CONSECUTIVE ANNUAL LOAN FORGIVENESS PAYMENTS. EACH OF THE ANNUAL 30 PAYMENTS SHALL BE FOR AN AMOUNT EQUAL TO THE TOTAL OF UNDERGRADUATE AND 31 VETERINARY MEDICAL SCHOOL STUDENT LOAN EXPENSE OR TEN THOUSAND DOLLARS, 32 WHICHEVER IS LESS. THE PRESIDENT SHALL BE RESPONSIBLE FOR CALCULATING 33 THE DOLLAR AMOUNT OF EACH AWARD THAT ELIGIBLE CANDIDATES MAY RECEIVE 34 FROM THIS PROGRAM. FOR THE PURPOSES OF THIS SECTION, STUDENT LOAN 35 EXPENSE SHALL MEAN THE CUMULATIVE TOTAL OF THE ANNUAL STUDENT LOANS 36 COVERING THE COST OF ATTENDANCE AT AN UNDERGRADUATE INSTITUTION AND/OR 37 VETERINARY MEDICAL SCHOOL. INTEREST PAID OR DUE ON STUDENT LOANS THAT AN 38 APPLICANT HAS TAKEN OUT FOR USE IN PAYING FOR SUCH UNDERGRADUATE AND/OR 39 VETERINARIAN MEDICAL EDUCATION SHALL BE CONSIDERED ELIGIBLE FOR 40 REIMBURSEMENT UNDER THIS PROGRAM. 41 3. AWARD DISBURSEMENT. A. ANNUAL AWARD DISBURSEMENTS SHALL BE THE 42 RESPONSIBILITY OF THE PRESIDENT AND SHALL OCCUR PRIOR TO THE BEGINNING 43 OF EACH OF THE REQUIRED TERMS OF SERVICE AS SPECIFIED IN THE SERVICE 44 CONTRACT. THE BOARD OF TRUSTEES OF THE HIGHER EDUCATION SERVICES CORPO- 45 RATION SHALL ADOPT RULES AND REGULATIONS REGARDING CRITERIA FOR DETER- 46 MINING SUCCESSFUL COMPLETION OF THE SERVICE CONTRACT AND ANY APPEAL 47 PROCESS THAT MAY BE REQUIRED TO IMPLEMENT THIS PARAGRAPH UPON RECOMMEN- 48 DATION OF THE PRESIDENT IN CONSULTATION WITH THE COMMISSIONER. 49 B. THE DISBURSEMENT OF THE SECOND ANNUAL AWARD SHALL BE DEPENDENT UPON 50 SUCCESSFUL COMPLETION OF THE FIRST YEAR REQUIREMENT OF THE SERVICE 51 CONTRACT AS DEFINED BY THE PRESIDENT AS WELL AS OTHER CRITERIA SET FORTH 52 IN THIS SECTION. 53 S 3. This act shall take effect on the first of July next succeeding 54 the date on which it shall have become a law.