S T A T E O F N E W Y O R K
________________________________________________________________________
6424
2021-2022 Regular Sessions
I N S E N A T E
April 28, 2021
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Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
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
S. 6424 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;
S. 6424 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.