S T A T E O F N E W Y O R K
________________________________________________________________________
7429
2017-2018 Regular Sessions
I N A S S E M B L Y
April 25, 2017
___________
Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Higher Education
AN ACT to amend the public health law, in relation to creating the
veterinarians across rural New York state student loan repayment fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new article
29-H to read as follows:
ARTICLE 29-H
VETERINARIANS ACROSS RURAL NEW YORK STATE STUDENT LOAN REPAYMENT FUND
SECTION 2999-GG. CREATION OF FUND AND COOPERATING AGENCIES.
2999-HH. ADMINISTRATION OF FUNDS.
2999-II. ADMINISTRATION AGREEMENT.
2999-JJ. RESPONSIBILITIES UPON EFFECTIVE DATE OF AGREEMENT.
2999-KK. DOCUMENTATION.
2999-LL. PARTICIPATING PROFESSIONALS.
2999-MM. COMPENSATION.
2999-NN. CONTINUED QUALIFICATION.
2999-OO. PAYMENT CAP ADJUSTMENTS.
2999-PP. CONDITIONS BARRING PARTICIPATION.
2999-QQ. MINIMUM QUALIFICATIONS FOR PARTICIPATION.
2999-RR. APPLICATION CRITERIA.
2999-SS. PAYMENTS AND DEFAULT.
§ 2999-GG. CREATION OF FUND AND COOPERATING AGENCIES. THE DEPARTMENT,
WITHIN AMOUNTS APPROPRIATED, SHALL ESTABLISH THE VETERINARIANS ACROSS
RURAL NEW YORK STATE STUDENT LOAN REPAYMENT FUND, IN ASSOCIATION WITH
THE EMPIRE STATE DEVELOPMENT CORPORATION AND THE OFFICE OF THE
PROFESSIONS. FUNDS SHALL BE TRANSFERRED BY THE COMMISSIONER OF TAXATION
AND FINANCE TO THE DEPARTMENT FOR USE AS DESCRIBED HEREIN. SIMILAR
EXISTING PROGRAMS, IF ANY, SHALL BE ALTERED OR ELIMINATED TO ACCOMMODATE
AND COMPLEMENT THE PROGRAM DESCRIBED HEREIN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09821-02-7
A. 7429 2
§ 2999-HH. ADMINISTRATION OF FUNDS. MONIES IN THE FUND SHALL BE:
1. HELD BY THE DEPARTMENT PURSUANT TO THIS ARTICLE AS CUSTODIAN,
PURSUANT TO AN AGREEMENT WITH THE COMMISSIONER OF TAXATION AND FINANCE,
THE OFFICE OF THE PROFESSIONS, AND THE EMPIRE STATE DEVELOPMENT CORPO-
RATION, UNTIL TRANSFERRED PURSUANT TO THIS ARTICLE; AND
2. INVESTED BY THE DEPARTMENT IN ACCORDANCE WITH THE INVESTMENT GUIDE-
LINES OF THE COMPTROLLER DURING SAID CUSTODIAL PERIOD. ALL INVESTMENT
INCOME SHALL BE CREDITED TO, AND SHALL BE DEPOSITED IN SUCH FUND.
§ 2999-II. ADMINISTRATION AGREEMENT. THE COMMISSIONER OF TAXATION AND
FINANCE, THE OFFICE OF THE PROFESSIONS, THE EMPIRE STATE DEVELOPMENT
CORPORATION, AND THE DEPARTMENT SHALL ENTER INTO AN AGREEMENT, SUBJECT
TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, FOR THE PURPOSE OF ADMIN-
ISTERING THE FUND. A COPY OF SUCH AGREEMENT, AND ANY AMENDMENTS THERETO,
SHALL BE PROVIDED TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE
DIRECTOR OF THE DIVISION OF BUDGET, AND THE CHAIR OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE. THE AGREEMENT SHALL SPECIFY THAT THE DEPARTMENT
SHALL ADMINISTER THE FUND IN A MANNER THAT WILL BENEFIT THE PUBLIC BY
ENCOURAGING THE AVAILABILITY OF PROFESSIONAL SERVICE PROVIDERS, IN
COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS AND OTHER
REQUIREMENTS.
§ 2999-JJ. RESPONSIBILITIES UPON EFFECTIVE DATE OF AGREEMENT. UPON THE
EFFECTIVE DATE OF THE AGREEMENT, CUSTODY OF, AND RESPONSIBILITY FOR, THE
FUND SHALL BE TAKEN UP BY THE DEPARTMENT, SUBJECT TO THE REQUIREMENTS OF
ITS AGREEMENT WITH THE COMMISSIONER OF TAXATION AND FINANCE AND THE
EMPIRE STATE DEVELOPMENT CORPORATION. SUCH AGREEMENT SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE FOLLOWING PROVISIONS:
1. THE DEPARTMENT SHALL BE RESPONSIBLE FOR THE RECEIPT, MANAGEMENT AND
EXPENDITURE OF MONIES HELD IN THE FUND;
2. THE DEPARTMENT SHALL MAINTAIN BOOKS AND RECORDS PERTAINING TO ALL
MONIES RECEIVED AND DISBURSED PURSUANT TO THIS SECTION AND THE AGREE-
MENT;
3. MONIES IN SUCH FUND SHALL BE UTILIZED FOR THE PURPOSE OF PROVIDING
STUDENT LOAN REPAYMENT FUNDING TO QUALIFYING PROFESSIONALS;
4. PARTICIPATING PROFESSIONALS SHALL BE CHOSEN BY THE DEPARTMENT
THROUGH AN APPLICATION PROCESS APPROVED BY THE DEPARTMENT, THE EMPIRE
STATE DEVELOPMENT CORPORATION, AND THE COMPTROLLER;
5. THE DEPARTMENT SHALL REPORT QUARTERLY ON TRANSACTIONS PERTAINING TO
THE FUND IN A FORM AND MANNER SPECIFIED BY THE COMPTROLLER IN CONSULTA-
TION WITH THE COMMISSIONER OF TAXATION AND FINANCE, AND THE EMPIRE STATE
DEVELOPMENT CORPORATION, INCLUDING BUT NOT LIMITED TO: RECEIPTS OR
DEPOSITS TO THE FUND, DISBURSEMENTS, LOANS OR CREDIT ENHANCEMENT MADE
FROM THE FUND, INVESTMENT INCOME, AND THE BALANCE ON HAND AS OF THE END
OF THE MONTH FOR EACH SUCH QUARTER;
6. THE DEPARTMENT SHALL BE REQUIRED TO INVEST MONIES ON DEPOSIT IN THE
FUND IN ACCORDANCE WITH INVESTMENT GUIDELINES MEETING THE REQUIREMENTS
OF THE COMPTROLLER, AND ALL INVESTMENT INCOME SHALL BE CREDITED TO THE
FUND, AND SPENT THEREFROM ONLY FOR THE PURPOSES SET FORTH IN THIS
SECTION;
7. FUND MONIES SHALL BE HELD IN TRUST AND USED FOR THE BENEFIT OF
PARTICIPATING PROFESSIONALS; AND
8. ANY OTHER TERM OR CONDITION AS DETERMINED BY THE DEPARTMENT, IN
CONSULTATION WITH THE COMMISSIONER OF TAXATION AND FINANCE AND THE
EMPIRE STATE DEVELOPMENT CORPORATION.
§ 2999-KK. DOCUMENTATION. PAYMENTS FROM THE FUND SHALL BE MADE PURSU-
ANT TO A WRITTEN AGREEMENT BETWEEN THE DEPARTMENT AND THE PARTICIPATING
PROFESSIONAL, SPECIFYING THE TERMS OF THE PAYMENTS. THE AGREEMENT SHALL
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BE IN SUCH FORM AND CONTENT AS SHALL BE ACCEPTABLE TO THE COMPTROLLER
AND DEPARTMENT, AND MAY INCLUDE SUCH FURTHER WRITTEN DOCUMENTATION
AND/OR AGREEMENTS AS SHALL BE REQUIRED IN THE JUDGMENT OF THE COMP-
TROLLER AND DEPARTMENT. TERMS MAY INCLUDE RESCISSION OF PAYMENTS IF A
PARTICIPATING PROFESSIONAL DOES NOT COMPLY WITH THIS SECTION OR THE
TERMS OF THE PARTICIPATING PROFESSIONAL'S AGREEMENT WITH THE DEPARTMENT.
§ 2999-LL. PARTICIPATING PROFESSIONALS. THE FOLLOWING PROFESSIONALS
SHALL BE ELIGIBLE TO RECEIVE THE BENEFITS OF THIS FUND:
1. VETERINARIANS, PROVIDED THEY MAKE A TWO YEAR COMMITMENT TO PRACTICE
IN A TRACT OR COUNTY DEFINED BY THE HEALTH RESOURCES AND SERVICES ADMIN-
ISTRATION AS BEING "RURAL" OR ELIGIBLE FOR A RURAL HEALTH GRANT;
2. VETERINARIANS WHOSE PRACTICE IS AT LEAST FIFTY PERCENT EQUINE,
PROVIDED THEY MAKE A TWO YEAR COMMITMENT TO PRACTICE IN A TRACT OR COUN-
TY DEFINED BY THE HEALTH RESOURCES AND SERVICES ADMINISTRATION AS BEING
"RURAL" OR ELIGIBLE FOR A RURAL HEALTH GRANT;
3. VETERINARIANS WHOSE PRACTICE IS AT LEAST FIFTY PERCENT BEEF CATTLE,
PROVIDED THEY MAKE A TWO YEAR COMMITMENT TO PRACTICE IN A TRACT OR COUN-
TY DEFINED BY THE HEALTH RESOURCES AND SERVICES ADMINISTRATION AS BEING
"RURAL" OR ELIGIBLE FOR A RURAL HEALTH GRANT;
4. VETERINARIANS WHOSE PRACTICE IS AT LEAST FIFTY PERCENT DAIRY
ANIMALS, INCLUDING GOATS, PROVIDED THEY MAKE A TWO YEAR COMMITMENT TO
PRACTICE IN A TRACT OR COUNTY DEFINED BY THE HEALTH RESOURCES AND
SERVICES ADMINISTRATION AS BEING "RURAL" OR ELIGIBLE FOR A RURAL HEALTH
GRANT; AND
5. VETERINARIANS WHOSE PRACTICE IS AT LEAST FIFTY PERCENT SWINE,
PROVIDED THEY MAKE A TWO YEAR COMMITMENT TO PRACTICE IN A TRACT OR COUN-
TY DEFINED BY THE HEALTH RESOURCES AND SERVICES ADMINISTRATION AS BEING
"RURAL" OR ELIGIBLE FOR A RURAL HEALTH GRANT.
§ 2999-MM. COMPENSATION. PARTICIPATING PROFESSIONALS SHALL BE COMPEN-
SATED IN THE FORM OF PAYMENTS AGAINST THEIR STUDENT LOANS MADE IN THE
FOLLOWING AMOUNTS:
1. FIFTY PERCENT OF TOTAL QUALIFYING DEBT ANNUALLY, UP TO A MAXIMUM
ANNUAL AMOUNT OF TEN THOUSAND DOLLARS, FOR PROFESSIONALS LISTED IN
SUBDIVISION ONE OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-LL OF THIS
ARTICLE;
2. FIFTY PERCENT OF TOTAL QUALIFYING DEBT ANNUALLY, UP TO A MAXIMUM
ANNUAL AMOUNT OF FOURTEEN THOUSAND DOLLARS, FOR PROFESSIONALS LISTED IN
SUBDIVISION TWO OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-LL OF THIS
ARTICLE;
3. FIFTY PERCENT OF TOTAL QUALIFYING DEBT ANNUALLY, UP TO A MAXIMUM
ANNUAL AMOUNT OF FOURTEEN THOUSAND DOLLARS, FOR PROFESSIONALS LISTED IN
SUBDIVISION THREE OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-LL OF THIS
ARTICLE;
4. FIFTY PERCENT OF TOTAL QUALIFYING DEBT ANNUALLY, UP TO A MAXIMUM
ANNUAL AMOUNT OF FOURTEEN THOUSAND DOLLARS, FOR PROFESSIONALS LISTED IN
SUBDIVISION FOUR OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-LL OF THIS
ARTICLE; AND
5. FIFTY PERCENT OF TOTAL QUALIFYING DEBT ANNUALLY, UP TO A MAXIMUM
ANNUAL AMOUNT OF FOURTEEN THOUSAND DOLLARS, FOR PROFESSIONALS LISTED IN
SUBDIVISION FIVE OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-LL OF THIS
ARTICLE.
§ 2999-NN. CONTINUED QUALIFICATION. PROVIDED THAT A PROFESSIONAL
CONTINUES TO QUALIFY FOR THIS PROGRAM AFTER TWO YEARS, THEN LOAN PAYMENT
AMOUNTS WILL BE THE BALANCE OF ANY QUALIFYING DEBT UP TO THE MAXIMUM
AMOUNTS LISTED IN SECTION TWENTY-NINE HUNDRED NINETY-NINE-MM OF THIS
ARTICLE.
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§ 2999-OO. PAYMENT CAP ADJUSTMENTS. PARTICIPATING PROFESSIONALS WITH
DEMONSTRABLE TRAINING OR SKILL IN ANY OF THE FOLLOWING AREAS, WILL HAVE
THE MAXIMUM ANNUAL PAYMENT AMOUNT RAISED BY TWO THOUSAND DOLLARS:
1. ANESTHESIA;
2. ANIMAL WELFARE;
3. ANIMAL BEHAVIOR;
4. DENTISTRY;
5. DERMATOLOGY;
6. EMERGENCY OR CRITICAL CARE;
7. INTERNAL MEDICINE, PARTICULARLY CARDIOLOGY, NEUROLOGY, OR ONCOLOGY;
8. LABORATORY ANIMAL MEDICINE;
9. MICROBIOLOGY;
10. NUTRITION, PROVIDED THAT TRAINING IS IN EXCESS OF THAT RECEIVED AS
PART OF THE PROFESSIONAL'S INITIAL DEGREE OR DEGREE IN VETERINARY MEDI-
CINE;
11. OPHTHALMOLOGY;
12. PATHOLOGY;
13. PHARMACOLOGY;
14. THE CARE OF POULTRY;
15. PREVENTATIVE MEDICINE AND BIOSECURITY;
16. RADIOLOGY;
17. SPORTS MEDICINE AND REHABILITATION;
18. SURGERY, PARTICULARLY ORTHOPEDICS OR SOFT TISSUE;
19. THERIOGENOLOGY; OR
20. TOXICOLOGY.
§ 2999-PP. CONDITIONS BARRING PARTICIPATION. PARTICIPATING PROFES-
SIONALS MUST NOT:
1. HAVE ANY OUTSTANDING SERVICE OBLIGATIONS TO THE FEDERAL GOVERNMENT,
STATE, OR OTHER ENTITY; OR
2. HAVE ANY JUDGMENT LIENS ARISING FROM FEDERAL OR STATE DEBT, AND
MUST NOT BE DELINQUENT IN CHILD SUPPORT PAYMENTS.
§ 2999-QQ. MINIMUM QUALIFICATIONS FOR PARTICIPATION. PARTICIPATING
PROFESSIONALS MUST POSSESS A FULLY-EXECUTED EMPLOYMENT CONTRACT, OR MUST
BE ABLE TO SUBMIT SUFFICIENT EVIDENCE OF INTENT TO ESTABLISH A PRIVATE
PRACTICE AND SUBSEQUENTLY DO SO, AND MUST POSSESS ALL LICENSES REQUIRED
TO PRACTICE THEIR CHOSEN PROFESSION IN THE STATE OF NEW YORK. PARTIC-
IPATING PROFESSIONALS MUST ALSO BE A UNITED STATES CITIZEN OR PERMANENT
RESIDENT, AND BECOME A LEGAL RESIDENT OF NEW YORK STATE WITHIN NINETY
DAYS OF BEGINNING EMPLOYMENT.
§ 2999-RR. APPLICATION CRITERIA. THE AGENCIES INVOLVED IN THIS PROGRAM
MAY ESTABLISH ADDITIONAL APPLICATION CRITERIA AT THEIR DISCRETION,
PROVIDED THAT SUCH CRITERIA DOES NOT NARROW THE AVAILABILITY OF FUNDS OR
CONFLICT WITH THE INTENT OF THIS ARTICLE. ADDITIONAL CRITERIA SUCH AS
THOSE USED IN SECTION 4.3 OF THE PRIMARY CARE SERVICE CORPS MAY NOT BE
APPLIED TO THIS PROGRAM.
§ 2999-SS. PAYMENTS AND DEFAULT. TOTAL ANNUAL PAYMENTS SHALL BE
DISBURSED IN EQUAL AMOUNTS ON A MONTHLY BASIS. 1. IN THE EVENT OF
DEFAULT BY A PARTICIPATING PROFESSIONAL, WITHIN ONE YEAR OF DEFAULTING
THE PARTICIPATING PROFESSIONAL SHALL REPAY THE STATE OF NEW YORK THE
GREATER OF EITHER THIRTY-ONE THOUSAND DOLLARS, OR THE VALUE OF THE PAST
SEVEN MONTHS OF LOAN PAYMENTS MADE BY THE STATE ON BEHALF OF THE PARTIC-
IPATING PROFESSIONAL. THE OUTSTANDING BALANCE AFTER ONE YEAR SHALL
ACCRUE INTEREST AT A RATE EQUAL TO THAT OWED ON UNDERPAYMENTS OF NEW
YORK STATE INCOME TAX. UNCOLLECTABLE AMOUNTS WILL BE REFERRED TO THE NEW
YORK STATE ATTORNEY GENERAL'S OFFICE FOR POSSIBLE LEGAL ACTION.
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2. WHERE DEFAULT RESULTS FROM AN ACTION MADE BY THE DEPARTMENT THE
PARTICIPATING PROFESSIONAL WILL NOT BE PENALIZED.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.