Senate Bill S2884

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

                                  2884

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 5, 2009
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. Section 605 of the education law is amended by adding a new
subdivision 13 to read as follows:
  13.  REGENTS  LARGE  ANIMAL  VETERINARIAN  LOAN  FORGIVENESS  PROGRAM.
REGENTS  VETERINARIAN  LOAN FORGIVENESS AWARDS SHALL BE AWARDED ANNUALLY
TO LARGE ANIMAL VETERINARIANS WHO AGREE TO PRACTICE VETERINARY  MEDICINE
IN AN AREA OF NEW YORK STATE DESIGNATED BY THE REGENTS AS HAVING A SHOR-
TAGE  OF LARGE ANIMAL VETERINARIANS. SUCH AWARDS SHALL BE CLASSIFIED AND
ALLOCATED IN ACCORDANCE WITH REGENTS RULES.
  A. ELIGIBILITY. (1) THE APPLICANT MUST BE A RESIDENT OF NEW YORK STATE
AND LICENSED TO PRACTICE VETERINARY MEDICINE.
  (2) THE APPLICANT MUST HAVE COMPLETED A PROFESSIONAL RESIDENCY PROGRAM
WITHIN THE FIVE YEARS IMMEDIATELY PRECEDING THE  PERIOD  FOR  WHICH  THE
FIRST AWARD WOULD BE GRANTED, OR BE WITHIN TWO YEARS OF COMPLETION OF AN
ACCREDITED RESIDENCY PROGRAM IN LARGE ANIMAL VETERINARY MEDICINE.
  (3) THE APPLICANT MUST AGREE TO PRACTICE LARGE ANIMAL VETERINARY MEDI-
CINE  IN  AN  AREA  IN NEW YORK STATE DESIGNATED AS HAVING A SHORTAGE OF
LARGE ANIMAL VETERINARIANS. THE REGENTS,  AFTER  CONSULTATION  WITH  THE
COMMISSIONERS  OF  AGRICULTURE  AND  MARKETS AND HEALTH, SHALL DESIGNATE
THOSE REGIONS AND FACILITIES OF NEW YORK STATE WHICH HAVE A SHORTAGE  OF
LARGE  ANIMAL  VETERINARIANS FOR THE PURPOSES OF THIS SECTION AND ESTAB-
LISH RELATIVE RANKINGS THEREOF.
  B. SELECTION. THE COMMISSION, IN CONSULTATION WITH  THE  COMMISSIONERS
OF  AGRICULTURE AND MARKETS AND HEALTH, SHALL ESTABLISH CRITERIA FOR THE
SELECTION OF PARTICIPANTS IN THE PROGRAM. AN APPLICANT MUST  SATISFY  AT
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.
                                                           LBD09542-01-9
              

S. 2884                             2

ANY APPLICANT WHO IS COMPLETING THE SECOND YEAR OF THE SERVICE  REQUIRE-
MENT  AND  IS REAPPLYING FOR A NEW AWARD. THE CRITERIA SHALL INCLUDE BUT
NOT BE LIMITED TO THE FOLLOWING:
  (I)  REAPPLICATION  FOR  A NEW AWARD BY A PERSON WHO IS COMPLETING THE
SECOND YEAR OF A SERVICE REQUIREMENT;
  (II) RECEIPT OF SPECIFIC TRAINING IN LARGE ANIMAL VETERINARY MEDICINE;
  (III) RECEIPT OF SPECIFIC TRAINING OR EXPERIENCE IN SERVING A SHORTAGE
AREA;
  (IV) RECEIPT OF SPECIFIC TRAINING OR EXPERIENCE  MATCHING  A  SPECIFIC
LARGE ANIMAL MEDICAL NEED EXISTING IN A SHORTAGE AREA; AND
  (V)  AGREEMENT PURSUANT TO PARAGRAPH D OF THIS SUBDIVISION TO PRACTICE
IN AN AREA DETERMINED BY THE REGENTS TO HAVE A SEVERE SHORTAGE OF  LARGE
ANIMAL VETERINARY SERVICES.
  C.  NOTIFICATION.  (1)  THE  COMMISSIONER  SHALL THEN FORWARD APPROVED
APPLICATIONS TO THE PRESIDENT AND SHALL NOTIFY UNSUCCESSFUL APPLICANTS.
  (2) THE PRESIDENT SHALL VERIFY THE APPROVED APPLICANTS':
  (I) ELIGIBILITY; AND
  (II)  TOTAL  UNDERGRADUATE  AND  VETERINARY  MEDICAL  SCHOOL   STUDENT
EXPENSE;
  (3) THE PRESIDENT SHALL NOTIFY APPLICANTS OF THEIR AWARD ENTITLEMENT.
  D.  SERVICE REQUIREMENT. WITHIN SUCH TIME AS THE COMMISSIONER SHALL BY
REGULATION PROVIDE, A RECIPIENT OF AN AWARD SHALL HAVE AGREED  TO  PRAC-
TICE  LARGE  ANIMAL VETERINARY MEDICINE IN A SPECIFIC AREA DESIGNATED AS
HAVING A SHORTAGE OF LARGE ANIMAL VETERINARIANS FOR A PERIOD  OF  TWELVE
MONTHS  FOR  EACH  ANNUAL PAYMENT TO BE RECEIVED BY THE RECIPIENT. LARGE
ANIMAL VETERINARIANS IN TRAINING WHO RECEIVE AN AWARD SHALL NOT  RECEIVE
CREDIT  TOWARD  THEIR  REQUIRED  SERVICE  FOR  TIME  SPENT IN A TRAINING
PROGRAM. IN NO CASE SHALL THE TOTAL NUMBER OF MONTHS OF SERVICE REQUIRED
BE LESS THAN TWENTY-FOUR. THE PRESIDENT SHALL, IN CONSULTATION WITH  THE
COMMISSIONER,  DEVELOP  AND  SECURE FROM EACH AWARD RECIPIENT, A WRITTEN
AGREEMENT TO:
  (I) PRACTICE LARGE ANIMAL VETERINARY MEDICINE IN THE DESIGNATED SHORT-
AGE AREA;
  (II) TO PROVIDE THIRTY-FIVE HOURS PER WEEK OF DIRECT  ANIMAL  CARE  IN
THE  DESIGNATED  SHORTAGE AREA BEING SERVED, OR TO THE DESIGNATED ANIMAL
POPULATION BEING SERVED. IF A RECIPIENT FAILS TO COMPLY FULLY WITH  SUCH
CONDITIONS, THE PRESIDENT SHALL BE ENTITLED TO RECEIVE FROM SUCH RECIPI-
ENT 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 OBLI-
GATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION  SHALL
BE  CANCELLED  UPON  THE  DEATH OF THE RECIPIENT. THE COMMISSIONER SHALL

S. 2884                             3

MAKE REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF  ANY  FINAN-
CIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  E. REPORTING. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW
YORK  STATE  HIGHER  EDUCATION  SERVICES  CORPORATION, THE DEPARTMENT OF
AGRICULTURE AND MARKETS AND THE DEPARTMENT OF HEALTH ON FORMS PRESCRIBED
BY THE PRESIDENT, AS  TO  THE  PERFORMANCE  OF  THE  REQUIRED  SERVICES,
COMMENCING WITH THE CALENDAR YEAR IN WHICH THE RECIPIENT BEGINS TO PRAC-
TICE  LARGE ANIMAL VETERINARY MEDICINE IN A SHORTAGE AREA 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.  IF  THE
RECIPIENT SHALL FAIL TO FILE ANY REPORT REQUIRED 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.
  F. OTHER AWARDS. AWARD RECIPIENTS SHALL BE ELIGIBLE TO APPLY  FOR  ONE
ADDITIONAL AWARD.
  S  2.  The  education  law is amended by adding a new section 672-c to
read as follows:
  S 672-C. REGENTS LARGE ANIMAL VETERINARIAN LOAN  FORGIVENESS  PROGRAM.
1.    NUMBER AND CERTIFICATION. EIGHTY REGENTS LARGE ANIMAL VETERINARIAN
LOAN FORGIVENESS AWARDS SHALL BE AWARDED EACH YEAR. SUCH AWARDS SHALL BE
ALLOCATED AS PROVIDED IN ARTICLE THIRTEEN  OF  THIS  TITLE  TO  ELIGIBLE
LARGE  ANIMAL VETERINARIANS AS CERTIFIED TO THE PRESIDENT BY THE COMMIS-
SIONER.
  2. CALCULATION OF AWARD AMOUNTS.  EACH  AWARD  SHALL  CONSIST  OF  TWO
CONSECUTIVE  ANNUAL  LOAN  FORGIVENESS  PAYMENTS.  EACH  OF  THE  ANNUAL
PAYMENTS SHALL BE FOR AN AMOUNT EQUAL TO THE  TOTAL OF UNDERGRADUATE AND
VETERINARY MEDICAL SCHOOL STUDENT LOAN EXPENSE OR TEN THOUSAND  DOLLARS,
WHICHEVER  IS  LESS.  THE PRESIDENT SHALL BE RESPONSIBLE FOR CALCULATING
THE DOLLAR AMOUNT OF EACH AWARD THAT  ELIGIBLE  CANDIDATES  MAY  RECEIVE
FROM  THIS  PROGRAM.  FOR  THE  PURPOSES  OF  THIS SECTION, STUDENT LOAN
EXPENSE SHALL MEAN THE CUMULATIVE TOTAL  OF  THE  ANNUAL  STUDENT  LOANS
COVERING  THE  COST OF ATTENDANCE AT AN UNDERGRADUATE INSTITUTION AND/OR
VETERINARY MEDICAL SCHOOL. INTEREST PAID OR DUE ON STUDENT LOANS THAT AN
APPLICANT HAS TAKEN OUT FOR USE IN PAYING FOR SUCH UNDERGRADUATE  AND/OR
VETERINARIAN   MEDICAL   EDUCATION  SHALL  BE  CONSIDERED  ELIGIBLE  FOR
REIMBURSEMENT UNDER THIS PROGRAM.
  3. AWARD DISBURSEMENT. A. ANNUAL  AWARD  DISBURSEMENTS  SHALL  BE  THE
RESPONSIBILITY  OF  THE PRESIDENT AND SHALL OCCUR PRIOR TO THE BEGINNING
OF EACH OF THE REQUIRED TERMS OF SERVICE AS  SPECIFIED  IN  THE  SERVICE
CONTRACT.  THE BOARD OF TRUSTEES OF THE HIGHER EDUCATION SERVICES CORPO-
RATION SHALL ADOPT RULES AND REGULATIONS REGARDING CRITERIA  FOR  DETER-
MINING  SUCCESSFUL  COMPLETION  OF  THE  SERVICE CONTRACT AND ANY APPEAL
PROCESS THAT MAY BE REQUIRED TO IMPLEMENT THIS PARAGRAPH UPON  RECOMMEN-
DATION OF THE PRESIDENT IN CONSULTATION WITH THE COMMISSIONER.
  B. THE DISBURSEMENT OF THE SECOND ANNUAL AWARD SHALL BE DEPENDENT UPON
SUCCESSFUL  COMPLETION  OF  THE  FIRST  YEAR  REQUIREMENT OF THE SERVICE
CONTRACT AS DEFINED BY THE PRESIDENT AS WELL AS OTHER CRITERIA SET FORTH
IN THIS SECTION.
  S 3. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.