S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4589
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2017
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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

 S. 4589                             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

 S. 4589                             3
 
 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.

 S. 4589                             4
 
   §  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.

 S. 4589                             5
 
   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.