S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7385
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2021
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Higher Education
 
 AN  ACT  to  amend  the civil service law, the tax law and the education
   law, in relation to enacting the "New  York  state  nurse  employment,
   enhancement and dignity act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state nurse employment, enhancement and dignity act".
   §  2. Legislative Findings.   The profession of nursing is critical to
 the general health and safety of the residents of the state of New  York
 and  the  need for nurses has been exacerbated by the COVID-19 pandemic.
 The nursing shortage and high attrition rates for nursing  titles  nega-
 tively impacts patients and staff and serves to undermine the quality of
 care  in  this  state.   The educational requirements for licensure into
 certain nursing titles has served as a practical and  financial  barrier
 to  too many aspiring health care professionals.  As an employer and the
 entity charged with the care of the state's most  vulnerable,  New  York
 state  must  lead  the way in making this profession more accessible and
 attractive so as to ensure the quality and continuity of  care  for  New
 York's most at-risk citizens.
   §  3. Subdivision 14 of section 130 of the civil service law is renum-
 bered subdivision 15 and a new  subdivision  14  is  added  to  read  as
 follows:
   14.  HAZARD  DUTY PAYMENTS TO NURSES DURING A STATE EMERGENCY DISASTER
 DECLARATION.  (A) ANY PROFESSIONAL OR PRACTICAL  NURSE,   NURSE  PRACTI-
 TIONER,   OR   CLINICAL  NURSE  SPECIALIST RECOGNIZED IN ACCORDANCE WITH
 SECTIONS SIX THOUSAND NINE HUNDRED FIVE, SIX THOUSAND NINE  HUNDRED SIX,
 SIX THOUSAND NINE HUNDRED TEN AND SIX THOUSAND NINE  HUNDRED  ELEVEN  OF
 THE  EDUCATION LAW WHO IS EMPLOYED BY THE STATE AND PROVIDES SERVICES IN
 A LICENSED MEDICAL CARE  OR  OTHER  STATE-OPERATED  AGENCY  OR  FACILITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10784-01-1

 A. 7385                             2
 
 DURING   ANY   STATE  DISASTER  EMERGENCY DECLARED  PURSUANT  TO ARTICLE
 TWO-B OF THE EXECUTIVE LAW TO PROVIDE FOR THE HEALTH, SAFETY AND WELFARE
 OF THE PUBLIC SHALL BE AWARDED A HAZARDOUS DUTY DIFFERENTIAL.
   (B)    A  HAZARDOUS  DUTY DIFFERENTIAL UNDER THIS SUBDIVISION SHALL BE
 TWENTY-FIVE HUNDRED DOLLARS.  THE HAZARD PAY  DIFFERENTIAL  PROVIDED  IN
 THIS  SUBDIVISION  SHALL  BE  IN ADDITION TO AND SHALL NOT BE PART OF AN
 EMPLOYEE'S BASIC ANNUAL SALARY, AND  SHALL  NOT  AFFECT  OR  IMPAIR  ANY
 PERFORMANCE ADVANCEMENT PAYMENTS, PERFORMANCE AWARDS, LONGEVITY PAYMENTS
 OR  OTHER  RIGHTS OR BENEFITS TO WHICH AN EMPLOYEE MAY BE ENTITLED UNDER
 THE PROVISIONS OF THIS CHAPTER, PROVIDED, HOWEVER, THAT ANY DIFFERENTIAL
 PAYABLE PURSUANT TO THIS SUBDIVISION SHALL BE INCLUDED  AS  COMPENSATION
 FOR  RETIREMENT  PURPOSES.    EMPLOYEES  ELIGIBLE  FOR  THE  HAZARD DUTY
 PAYMENTS AUTHORIZED BY THIS SUBDIVISION SHALL ALSO  RECEIVE  THIRTY-FIVE
 HOURS  OF  ADDITIONAL VACATION TIME ACCRUAL.  THE DIRECTOR OF THE BUDGET
 SHALL ADOPT REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION.
   § 4. Section 606 of the tax law  is  amended    by  adding    a    new
 subsection (kkk) to read as follows:
   (KKK)   NURSE EXEMPTION. (1) ALLOWANCE OF CREDIT. A TAXPAYER THAT IS A
 PROFESSIONAL OR PRACTICAL  NURSE,  NURSE   PRACTITIONER,   OR   CLINICAL
 NURSE    SPECIALIST IN THE STATE RECOGNIZED IN ACCORDANCE  WITH SECTIONS
 SIX THOUSAND NINE HUNDRED FIVE, SIX THOUSAND NINE   HUNDRED  SIX,    SIX
 THOUSAND  NINE  HUNDRED  TEN AND SIX THOUSAND NINE HUNDRED ELEVEN OF THE
 EDUCATION LAW AND WHO PROVIDES SERVICES IN A LICENSED  MEDICAL  CARE  OR
 OTHER  STATE-OPERATED AGENCY OR FACILITY IN THIS STATE SHALL  BE ALLOWED
 AN ANNUAL CREDIT OF FIVE HUNDRED DOLLARS AGAINST THE TAX IMPOSED BY THIS
 ARTICLE.
   (2) OVERPAYMENT. IF THE  AMOUNT  OF  THE  CREDIT  ALLOWED  UNDER  THIS
 SUBSECTION FOR ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR THE TAXA-
 BLE  YEAR,  THE  EXCESS  SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
 CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS  OF  SECTION  SIX
 HUNDRED  EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, NO INTEREST WILL
 BE PAID THEREON.
   § 5. The education law is amended by adding a  new  section  679-k  to
 read as follows:
   § 679-K. NEW YORK STATE NURSING LOAN FORGIVENESS INCENTIVE PROGRAM. 1.
 PURPOSE.  THE  PRESIDENT SHALL GRANT STUDENT LOAN FORGIVENESS AWARDS FOR
 THE PURPOSE OF ALLEVIATING THE BURDEN OF  STUDENT  LOAN  DEBT FOR NURSES
 IN THE STATE. SUCH AWARDS SHALL BE MADE  ON    A  COMPETITIVE  BASIS  AS
 PROMULGATED  BY  THE  CORPORATION FOR SUCH PURPOSES, TO  APPLICANTS  WHO
 MEET THE ELIGIBILITY CRITERIA. SUCH RULES AND REGULATIONS SHALL  INCLUDE
 PROVISIONS  FOR  THE  CONSIDERATION OF APPLICANTS WHO   ARE ECONOMICALLY
 DISADVANTAGED.
   2.   ELIGIBILITY. TO  BE  ELIGIBLE  FOR  AN  AWARD  PURSUANT  TO  THIS
 SECTION, APPLICANTS SHALL:
   (A)  HAVE  GRADUATED  AND  OBTAINED A DEGREE FROM AN APPROVED NEW YORK
 STATE COLLEGE OR UNIVERSITY;
   (B) HAVE AN OUTSTANDING STUDENT LOAN DEBT FROM OBTAINING SUCH DEGREE;
   (C)  BE EMPLOYED AS A PROFESSIONAL OR PRACTICAL  NURSE,  NURSE PRACTI-
 TIONER,  OR  CLINICAL  NURSE  SPECIALIST IN THE STATE IN ACCORDANCE WITH
 SECTIONS SIX THOUSAND NINE HUNDRED FIVE, SIX THOUSAND NINE  HUNDRED SIX,
 SIX THOUSAND NINE HUNDRED TEN AND SIX THOUSAND NINE  HUNDRED  ELEVEN  OF
 THIS CHAPTER;
   (D) APPLY FOR THIS PROGRAM WITHIN FIVE YEARS OF COLLEGE GRADUATION;
   (E) COMPLY WITH SUBDIVISION  FIVE  OF  SECTION  SIX  HUNDRED SIXTY-ONE
 OF THIS PART;

 A. 7385                             3
 
   (F)   MAKE   A  COMMITMENT  TO  PRACTICE IN A LICENSED MEDICAL CARE OR
 OTHER STATE-OPERATED AGENCY OR FACILITY IN  THIS  STATE  FOR  A  MINIMUM
 PERIOD  OF TEN YEARS OR FOR THE DURATION OF THE AWARD WHICHEVER IS LONG-
 ER.
   3.   AWARDS. THE CORPORATION SHALL  GRANT  SUCH  AWARDS  NOT TO EXCEED
 ONE THOUSAND DOLLARS PER RECIPIENT PER YEAR AND THE TOTAL  COST  OF  ANY
 AWARDS  MADE  SHALL FALL WITHIN   AMOUNTS APPROPRIATED FOR SUCH PURPOSES
 AND BASED ON THE AVAILABILITY OF FUNDS.
   § 6. Paragraph (h) of subdivision 2 of section 355  of  the  education
 law is amended by adding a new subparagraph 4-b to read as follows:
   (4-B)  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER GENERAL OR SPECIAL
 LAW, RULE OR REGULATION TO THE CONTRARY, SUCH REGULATIONS SHALL  REQUIRE
 ADMISSION OF ANY PROFESSIONAL OR PRACTICAL  NURSE,  NURSE  PRACTITIONER,
 OR   CLINICAL   NURSE SPECIALIST RECOGNIZED IN ACCORDANCE  WITH SECTIONS
 SIX THOUSAND NINE HUNDRED FIVE, SIX THOUSAND NINE   HUNDRED  SIX,    SIX
 THOUSAND  NINE  HUNDRED TEN AND SIX THOUSAND NINE HUNDRED ELEVEN OF THIS
 CHAPTER AND WHO IS EMPLOYED BY THE STATE AND WHO PROVIDES SERVICES IN  A
 LICENSED  MEDICAL  CARE  OR  OTHER STATE-OPERATED AGENCY OR FACILITY FOR
 PURPOSES OF ATTAINING THE BACCALAUREATE DEGREE  REQUIREMENTS  PRESCRIBED
 BY SECTION SIX THOUSAND NINE HUNDRED FIVE OF THIS CHAPTER.
   §  7. Subdivision 7 of section 6206 of the education law is amended by
 adding a new paragraph (f) to read as follows:
   (F) NOTWITHSTANDING THE PROVISIONS OF ANY  OTHER  GENERAL  OR  SPECIAL
 LAW,  RULE  OR  REGULATION  TO THE CONTRARY, THE BOARD OF TRUSTEES SHALL
 ADOPT REGULATIONS REQUIRING ADMISSION OF ANY PROFESSIONAL  OR  PRACTICAL
 NURSE,  NURSE   PRACTITIONER,  OR  CLINICAL  NURSE SPECIALIST RECOGNIZED
 IN ACCORDANCE  WITH SECTIONS SIX THOUSAND NINE HUNDRED FIVE,  SIX  THOU-
 SAND  NINE  HUNDRED SIX,  SIX THOUSAND NINE HUNDRED TEN AND SIX THOUSAND
 NINE HUNDRED ELEVEN OF THIS CHAPTER AND WHO IS EMPLOYED BY THE STATE AND
 WHO PROVIDES SERVICES IN A LICENSED MEDICAL CARE OR OTHER STATE-OPERATED
 AGENCY OR FACILITY FOR PURPOSES OF ATTAINING  THE  BACCALAUREATE  DEGREE
 REQUIREMENTS  PRESCRIBED  BY  SECTION  SIX THOUSAND NINE HUNDRED FIVE OF
 THIS CHAPTER.
   § 8. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2021.