S T A T E O F N E W Y O R K
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4746
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
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Introduced by M. of A. ESPAILLAT, WRIGHT, HOYT -- Multi-Sponsored by --
M. of A. BING, JOHN, PEOPLES, TOWNS -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to creating a regents
alcohol, alcohol abuse or substance abuse treatment and prevention
professional's loan forgiveness program and making an appropriation
therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 605 of the education law is amended by adding a new
subdivision 13 to read as follows:
13. REGENTS ALCOHOL OR ALCOHOL ABUSE OR SUBSTANCE ABUSE TREATMENT AND
PREVENTION PROFESSIONAL'S LOAN FORGIVENESS PROGRAM. REGENTS LOAN
FORGIVENESS AWARDS SHALL BE AWARDED ANNUALLY TO APPLICANTS WHO AGREE TO
ENGAGE IN EMPLOYMENT IN THE FIELD OF ALCOHOLISM OR ALCOHOL ABUSE
PREVENTION OR TREATMENT OR SUBSTANCE ABUSE PREVENTION OR TREATMENT AS AN
EMPLOYEE WITH THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES OR
AN ENTITY UNDER CONTRACT TO PROVIDE SUCH SERVICES ON BEHALF OF SUCH
OFFICE. SUCH AWARDS SHALL BE AWARDED ANNUALLY, AND SHALL BE CLASSIFIED
AND ALLOCATED IN ACCORDANCE WITH REGENTS RULES.
A. (1) THE APPLICANT MUST BE A RESIDENT OR PERMANENT RESIDENT ALIEN OF
NEW YORK STATE AND A GRADUATE OF AN INSTITUTION OF HIGHER EDUCATION
APPROVED OR REGISTERED BY THE REGENTS.
(2) THE APPLICANT MUST BE A MINORITY HISTORICALLY UNDERREPRESENTED IN
THE FIELDS OF ALCOHOLISM, ALCOHOL ABUSE PREVENTION OR TREATMENT OR
SUBSTANCE ABUSE PREVENTION OR TREATMENT.
(3) THE APPLICANT MUST AGREE TO ENGAGE IN SUCH EMPLOYMENT FOR A PERIOD
OF TIME AS DETERMINED BY THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES IN CONSULTATION WITH THE COMMISSIONER.
B. PRIORITY SHALL BE ACCORDED TO APPLICANTS IN THE FOLLOWING ORDER:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07777-01-9
A. 4746 2
(1) FIRST, TO ANY APPLICANT WHO IS ECONOMICALLY DISADVANTAGED AS
DEFINED BY THE REGENTS AND A MINORITY HISTORICALLY UNDERREPRESENTED IN
THE PROFESSION AS DETERMINED BY THE REGENTS;
(2) SECOND, TO ANY APPLICANT WHO IS A MINORITY UNDERREPRESENTED IN THE
PROFESSION AS DETERMINED BY THE REGENTS;
(3) THIRD, TO ANY APPLICANT WHO IS A GRADUATE OF THE STATE-SPONSORED
OPPORTUNITY PROGRAM PURSUANT TO SECTION SIXTY-FOUR HUNDRED FIFTY-ONE OR
SIXTY-FOUR HUNDRED FIFTY-TWO OF THIS CHAPTER.
IN THE EVENT THAT THERE ARE MORE APPLICANTS WHO HAVE THE SAME PRIORITY
THAN THERE ARE REMAINING SCHOLARSHIPS, THE COMMISSIONER SHALL DISTRIBUTE
THE REMAINING NUMBER OF SUCH SCHOLARSHIPS BY MEANS OF A LOTTERY OR OTHER
FORM OF RANDOM SELECTION.
C. THE COMMISSIONER SHALL THEN FORWARD APPROVED APPLICATIONS TO THE
PRESIDENT AND SHALL NOTIFY UNSUCCESSFUL APPLICANTS.
D. THE PRESIDENT SHALL NOTIFY APPLICANTS OF THEIR AWARD ENTITLEMENT.
E. THE PRESIDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER AND WITH
THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, DEVELOP AND
SECURE FROM EACH SUCCESSFUL APPLICANT A WRITTEN AGREEMENT TO ENGAGE IN
SUCH EMPLOYMENT, AS APPROPRIATE. WITHIN SUCH TIME AS THE COMMISSIONER
SHALL BY REGULATION PROVIDE, A RECIPIENT OF AN AWARD SHALL HAVE ENGAGED
IN SUCH EMPLOYMENT AS APPROPRIATE, FOR THAT NUMBER OF MONTHS CALCULATED
BY MULTIPLYING BY TWELVE THE NUMBER OF ANNUAL PAYMENTS RECEIVED BY THE
RECIPIENT. IN NO CASE SHALL THE TOTAL NUMBER OF MONTHS OF SERVICE
REQUIRED BE LESS THAN TWENTY-FOUR. IF A RECIPIENT FAILS TO COMPLY FULLY
WITH SUCH CONDITIONS, THE PRESIDENT SHALL BE ENTITLED TO RECEIVE FROM
SUCH RECIPIENT AN AMOUNT TO BE DETERMINED BY THE FORMULA:
A = 2B (T-S)
-----
T
IN WHICH "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO RECOVER; "B" IS
THE SUM OF ALL PAYMENTS MADE TO THE RECIPIENT AND THE INTEREST ON SUCH
AMOUNT WHICH WOULD BE PAYABLE IF AT THE TIMES SUCH AWARDS WERE PAID THEY
WERE LOANS BEARING INTEREST AT THE MAXIMUM PREVAILING RATE; "T" IS THE
TOTAL NUMBER OF MONTHS IN THE RECIPIENT'S PERIOD OF OBLIGATED SERVICES;
AND "S" IS THE NUMBER OF MONTHS OF SERVICE ACTUALLY RENDERED BY THE
RECIPIENT. ANY AMOUNT WHICH THE PRESIDENT IS ENTITLED TO RECOVER UNDER
THIS PARAGRAPH SHALL BE PAID WITHIN THE FIVE-YEAR PERIOD BEGINNING ON
THE DATE THAT THE RECIPIENT FAILED TO COMPLY WITH THIS SERVICE CONDI-
TION. NOTHING IN THE WRITTEN AGREEMENT SHALL AFFECT THE TERMS OF EMPLOY-
MENT OF THE INDIVIDUAL WHO SHALL NEGOTIATE, SEPARATE AND APART FROM THE
PROGRAM, HIS OR HER SALARY AND OTHER FORMS OF EMPLOYMENT WITH AN AGENCY,
INSTITUTION OR A PROGRAM IN WHICH HE OR SHE SHALL BE EMPLOYED.
ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS
SUBDIVISION SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT. THE
COMMISSIONER SHALL MAKE REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPEN-
SION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
F. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW YORK STATE
HIGHER EDUCATION SERVICES CORPORATION, ON FORMS PRESCRIBED BY IT, AS TO
THE PERFORMANCE OF THE REQUIRED SERVICES, COMMENCING WITH THE CALENDAR
YEAR IN WHICH THE RECIPIENT BEGINS SUCH EMPLOYMENT AND CONTINUING UNTIL
THE RECIPIENT SHALL HAVE COMPLETED, OR IT IS DETERMINED THAT HE OR SHE
SHALL NOT BE OBLIGATED TO COMPLETE, THE REQUIRED SERVICES. THE RECIPI-
ENT MUST HAVE HIS OR HER SUPERVISOR IN THE ALCOHOL OR SUBSTANCE ABUSE
EMPLOYING AGENCY CERTIFY THAT THE PERFORMANCE OF ALL REQUIRED SERVICES
DETAILED IN THE REPORT HAVE BEEN, IN FACT, COMPLETED AND DELIVERED IN
THE AGENCY. IF THE RECIPIENT SHALL FAIL TO FILE ANY REPORT REQUIRED
A. 4746 3
HEREUNDER WITHIN THIRTY DAYS OF WRITTEN NOTICE TO THE RECIPIENT, MAILED
TO THE ADDRESS SHOWN ON THE LAST APPLICATION FOR AN AWARD OR LAST REPORT
FILED, WHICHEVER IS LATER, THE PRESIDENT OF THE CORPORATION MAY IMPOSE A
FINE OF UP TO ONE THOUSAND DOLLARS. THE PRESIDENT SHALL HAVE THE
DISCRETION TO WAIVE THE FILING OF A REPORT, EXCUSE A DELAY IN FILING OR
A FAILURE TO FILE A REPORT, OR WAIVE OR REDUCE ANY FINE IMPOSED FOR GOOD
CAUSE SHOWN.
S 2. The sum of five hundred thousand dollars ($500,000), or so much
thereof as may be necessary, is hereby appropriated to the department of
education from any moneys in the state treasury in the general fund to
the credit of the state purposes account not otherwise appropriated for
services and expenses of the department for the purposes of carrying out
the provisions of this act. Such sum shall be payable on the audit and
warrant of the state comptroller on vouchers certified or approved by
the commissioner of education, or his duly designated representative in
the manner provided by law. No expenditure shall be made from this
appropriation until a certificate of approval of availability shall have
been issued by the director of the budget and filed with the state comp-
troller and a copy filed with the chairman and ranking member of the
senate finance committee and the chairman and ranking member of the
assembly ways and means committee. Such certificate may be amended from
time to time by the director of the budget and a copy of each such
amendment shall be filed with the state comptroller, the chairman and
ranking member of the senate finance committee and the chairman and
ranking member of the assembly ways and means committee.
S 3. This act shall take effect immediately.