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AB1511 Actions:

BILL NO    A01511 

01/09/2013 referred to higher education
01/08/2014 referred to higher education
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AB1511 Text:

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

                                         1511

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04919-01-3
       A. 1511                             2

    1  LEAST  ONE  OF THE CRITERIA ESTABLISHED. A PRIORITY SHALL BE ACCORDED TO
    2  ANY APPLICANT WHO IS COMPLETING THE SECOND YEAR OF THE SERVICE  REQUIRE-
    3  MENT  AND  IS REAPPLYING FOR A NEW AWARD. THE CRITERIA SHALL INCLUDE BUT
    4  NOT BE LIMITED TO THE FOLLOWING:
    5    (I)  REAPPLICATION  FOR  A NEW AWARD BY A PERSON WHO IS COMPLETING THE
    6  SECOND YEAR OF A SERVICE REQUIREMENT;
    7    (II) RECEIPT OF SPECIFIC TRAINING IN LARGE ANIMAL VETERINARY MEDICINE;
    8    (III) RECEIPT OF SPECIFIC TRAINING OR EXPERIENCE IN SERVING A SHORTAGE
    9  AREA;
   10    (IV) RECEIPT OF SPECIFIC TRAINING OR EXPERIENCE  MATCHING  A  SPECIFIC
   11  LARGE ANIMAL MEDICAL NEED EXISTING IN A SHORTAGE AREA; AND
   12    (V)  AGREEMENT PURSUANT TO PARAGRAPH D OF THIS SUBDIVISION TO PRACTICE
   13  IN AN AREA DETERMINED BY THE REGENTS TO HAVE A SEVERE SHORTAGE OF  LARGE
   14  ANIMAL VETERINARY SERVICES.
   15    C.  NOTIFICATION.  (1)  THE  COMMISSIONER  SHALL THEN FORWARD APPROVED
   16  APPLICATIONS TO THE PRESIDENT AND SHALL NOTIFY UNSUCCESSFUL APPLICANTS.
   17    (2) THE PRESIDENT SHALL VERIFY THE APPROVED APPLICANTS':
   18    (I) ELIGIBILITY; AND
   19    (II)  TOTAL  UNDERGRADUATE  AND  VETERINARY  MEDICAL  SCHOOL   STUDENT
   20  EXPENSE;
   21    (3) THE PRESIDENT SHALL NOTIFY APPLICANTS OF THEIR AWARD ENTITLEMENT.
   22    D.  SERVICE REQUIREMENT. WITHIN SUCH TIME AS THE COMMISSIONER SHALL BY
   23  REGULATION PROVIDE, A RECIPIENT OF AN AWARD SHALL HAVE AGREED  TO  PRAC-
   24  TICE  LARGE  ANIMAL VETERINARY MEDICINE IN A SPECIFIC AREA DESIGNATED AS
   25  HAVING A SHORTAGE OF LARGE ANIMAL VETERINARIANS FOR A PERIOD  OF  TWELVE
   26  MONTHS  FOR  EACH  ANNUAL PAYMENT TO BE RECEIVED BY THE RECIPIENT. LARGE
   27  ANIMAL VETERINARIANS IN TRAINING WHO RECEIVE AN AWARD SHALL NOT  RECEIVE
   28  CREDIT  TOWARD  THEIR  REQUIRED  SERVICE  FOR  TIME  SPENT IN A TRAINING
   29  PROGRAM. IN NO CASE SHALL THE TOTAL NUMBER OF MONTHS OF SERVICE REQUIRED
   30  BE LESS THAN TWENTY-FOUR. THE PRESIDENT SHALL, IN CONSULTATION WITH  THE
   31  COMMISSIONER,  DEVELOP  AND  SECURE FROM EACH AWARD RECIPIENT, A WRITTEN
   32  AGREEMENT TO:
   33    (I) PRACTICE LARGE ANIMAL VETERINARY MEDICINE IN THE DESIGNATED SHORT-
   34  AGE AREA;
   35    (II) TO PROVIDE THIRTY-FIVE HOURS PER WEEK OF DIRECT  ANIMAL  CARE  IN
   36  THE  DESIGNATED  SHORTAGE AREA BEING SERVED, OR TO THE DESIGNATED ANIMAL
   37  POPULATION BEING SERVED. IF A RECIPIENT FAILS TO COMPLY FULLY WITH  SUCH
   38  CONDITIONS, THE PRESIDENT SHALL BE ENTITLED TO RECEIVE FROM SUCH RECIPI-
   39  ENT AN AMOUNT TO BE DETERMINED BY THE FORMULA:
   40    A = 2B (T-S)
   41        ___
   42         T
   43  IN  WHICH "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO RECOVER; "B" IS
   44  THE SUM OF ALL PAYMENTS MADE TO THE RECIPIENT AND THE INTEREST  ON  SUCH
   45  AMOUNT WHICH WOULD BE PAYABLE IF AT THE TIMES SUCH AWARDS WERE PAID THEY
   46  WERE  LOANS  BEARING INTEREST AT THE MAXIMUM PREVAILING RATE; "T" IS THE
   47  TOTAL NUMBER OF MONTHS IN THE RECIPIENT'S PERIOD OF OBLIGATED  SERVICES;
   48  AND  "S"  IS  THE  NUMBER  OF MONTHS OF SERVICE ACTUALLY RENDERED BY THE
   49  RECIPIENT. ANY AMOUNT WHICH THE PRESIDENT IS ENTITLED TO  RECOVER  UNDER
   50  THIS  PARAGRAPH  SHALL  BE PAID WITHIN THE FIVE-YEAR PERIOD BEGINNING ON
   51  THE DATE THAT THE RECIPIENT FAILED TO COMPLY WITH  THIS  SERVICE  CONDI-
   52  TION. NOTHING IN THE WRITTEN AGREEMENT SHALL AFFECT THE TERMS OF EMPLOY-
   53  MENT  OF THE INDIVIDUAL WHO SHALL NEGOTIATE, SEPARATE AND APART FROM THE
   54  PROGRAM, HIS OR HER SALARY AND OTHER FORMS OF EMPLOYMENT WITH AN AGENCY,
   55  INSTITUTION OR A PROGRAM IN WHICH HE OR SHE SHALL BE EMPLOYED. ANY OBLI-
   56  GATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION  SHALL
       A. 1511                             3

    1  BE  CANCELLED  UPON  THE  DEATH OF THE RECIPIENT. THE COMMISSIONER SHALL
    2  MAKE REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF  ANY  FINAN-
    3  CIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
    4    E. REPORTING. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW
    5  YORK  STATE  HIGHER  EDUCATION  SERVICES  CORPORATION, THE DEPARTMENT OF
    6  AGRICULTURE AND MARKETS AND THE DEPARTMENT OF HEALTH ON FORMS PRESCRIBED
    7  BY THE PRESIDENT, AS  TO  THE  PERFORMANCE  OF  THE  REQUIRED  SERVICES,
    8  COMMENCING WITH THE CALENDAR YEAR IN WHICH THE RECIPIENT BEGINS TO PRAC-
    9  TICE  LARGE ANIMAL VETERINARY MEDICINE IN A SHORTAGE AREA AND CONTINUING
   10  UNTIL THE RECIPIENT SHALL HAVE COMPLETED, OR IT IS DETERMINED THAT HE OR
   11  SHE SHALL NOT BE OBLIGATED TO COMPLETE, THE REQUIRED  SERVICES.  IF  THE
   12  RECIPIENT SHALL FAIL TO FILE ANY REPORT REQUIRED HEREUNDER WITHIN THIRTY
   13  DAYS  OF WRITTEN NOTICE TO THE RECIPIENT, MAILED TO THE ADDRESS SHOWN ON
   14  THE LAST APPLICATION FOR AN AWARD OR LAST  REPORT  FILED,  WHICHEVER  IS
   15  LATER,  THE  PRESIDENT OF THE CORPORATION MAY IMPOSE A FINE OF UP TO ONE
   16  THOUSAND DOLLARS. THE PRESIDENT SHALL HAVE THE DISCRETION TO  WAIVE  THE
   17  FILING  OF  A  REPORT,  EXCUSE  A DELAY IN FILING OR A FAILURE TO FILE A
   18  REPORT, OR WAIVE OR REDUCE ANY FINE IMPOSED FOR GOOD CAUSE SHOWN.
   19    F. OTHER AWARDS. AWARD RECIPIENTS SHALL BE ELIGIBLE TO APPLY  FOR  ONE
   20  ADDITIONAL AWARD.
   21    S  2.  The  education  law is amended by adding a new section 672-c to
   22  read as follows:
   23    S 672-C. REGENTS LARGE ANIMAL VETERINARIAN LOAN  FORGIVENESS  PROGRAM.
   24  1.    NUMBER AND CERTIFICATION. EIGHTY REGENTS LARGE ANIMAL VETERINARIAN
   25  LOAN FORGIVENESS AWARDS SHALL BE AWARDED EACH YEAR. SUCH AWARDS SHALL BE
   26  ALLOCATED AS PROVIDED IN ARTICLE THIRTEEN  OF  THIS  TITLE  TO  ELIGIBLE
   27  LARGE  ANIMAL VETERINARIANS AS CERTIFIED TO THE PRESIDENT BY THE COMMIS-
   28  SIONER.
   29    2. CALCULATION OF AWARD AMOUNTS.  EACH  AWARD  SHALL  CONSIST  OF  TWO
   30  CONSECUTIVE  ANNUAL  LOAN  FORGIVENESS  PAYMENTS.  EACH  OF  THE  ANNUAL
   31  PAYMENTS SHALL BE FOR AN AMOUNT EQUAL TO THE  TOTAL OF UNDERGRADUATE AND
   32  VETERINARY MEDICAL SCHOOL STUDENT LOAN EXPENSE OR TEN THOUSAND  DOLLARS,
   33  WHICHEVER  IS  LESS.  THE PRESIDENT SHALL BE RESPONSIBLE FOR CALCULATING
   34  THE DOLLAR AMOUNT OF EACH AWARD THAT  ELIGIBLE  CANDIDATES  MAY  RECEIVE
   35  FROM  THIS  PROGRAM.  FOR  THE  PURPOSES  OF  THIS SECTION, STUDENT LOAN
   36  EXPENSE SHALL MEAN THE CUMULATIVE TOTAL  OF  THE  ANNUAL  STUDENT  LOANS
   37  COVERING  THE  COST OF ATTENDANCE AT AN UNDERGRADUATE INSTITUTION AND/OR
   38  VETERINARY MEDICAL SCHOOL. INTEREST PAID OR DUE ON STUDENT LOANS THAT AN
   39  APPLICANT HAS TAKEN OUT FOR USE IN PAYING FOR SUCH UNDERGRADUATE  AND/OR
   40  VETERINARIAN   MEDICAL   EDUCATION  SHALL  BE  CONSIDERED  ELIGIBLE  FOR
   41  REIMBURSEMENT UNDER THIS PROGRAM.
   42    3. AWARD DISBURSEMENT. A. ANNUAL  AWARD  DISBURSEMENTS  SHALL  BE  THE
   43  RESPONSIBILITY  OF  THE PRESIDENT AND SHALL OCCUR PRIOR TO THE BEGINNING
   44  OF EACH OF THE REQUIRED TERMS OF SERVICE AS  SPECIFIED  IN  THE  SERVICE
   45  CONTRACT.  THE BOARD OF TRUSTEES OF THE HIGHER EDUCATION SERVICES CORPO-
   46  RATION SHALL ADOPT RULES AND REGULATIONS REGARDING CRITERIA  FOR  DETER-
   47  MINING  SUCCESSFUL  COMPLETION  OF  THE  SERVICE CONTRACT AND ANY APPEAL
   48  PROCESS THAT MAY BE REQUIRED TO IMPLEMENT THIS PARAGRAPH UPON  RECOMMEN-
   49  DATION OF THE PRESIDENT IN CONSULTATION WITH THE COMMISSIONER.
   50    B. THE DISBURSEMENT OF THE SECOND ANNUAL AWARD SHALL BE DEPENDENT UPON
   51  SUCCESSFUL  COMPLETION  OF  THE  FIRST  YEAR  REQUIREMENT OF THE SERVICE
   52  CONTRACT AS DEFINED BY THE PRESIDENT AS WELL AS OTHER CRITERIA SET FORTH
   53  IN THIS SECTION.
   54    S 3. This act shall take effect on the first of July  next  succeeding
   55  the date on which it shall have become a law.
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