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

                                  4711

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced by M. of A. CURRAN -- read once and referred to the Committee
  on Higher Education

AN  ACT  to  amend  the education law, in relation to creating a regents
  nursing professional's 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 NURSING PROFESSIONAL'S LOAN FORGIVENESS PROGRAM.  REGENTS
LOAN FORGIVENESS AWARDS SHALL BE AWARDED ANNUALLY  TO  NURSE  APPLICANTS
WHO AGREE TO ENGAGE IN EMPLOYMENT IN HOSPITALS, NURSING HOMES OR HOSPICE
CENTERS ON A FULL-TIME BASIS. SUCH AWARDS SHALL BE GRANTED ANNUALLY, AND
SHALL BE CLASSIFIED AND ALLOCATED IN ACCORDANCE WITH REGENTS RULES.
  A.  (1)  THE APPLICANT SHALL BE A RESIDENT OR PERMANENT RESIDENT ALIEN
OF NEW YORK STATE AND A GRADUATE OF AN INSTITUTION OF  HIGHER  EDUCATION
APPROVED OR REGISTERED BY THE REGENTS.
  (2) THE APPLICANT SHALL AGREE TO ENGAGE IN SUCH EMPLOYMENT FOR A PERI-
OD OF TIME WHICH SHALL NOT BE LESS THAN TWO YEARS.
  B. PRIORITY SHALL BE ACCORDED TO APPLICANTS IN THE FOLLOWING ORDER:
  (1)  FIRST,  TO ANY APPLICANT WHO IS COMPLETING THE SECOND YEAR OF THE
SERVICE REQUIREMENT AND IS REAPPLYING FOR A NEW AWARD;
  (2) SECOND, TO ANY APPLICANT  WHO  IS  ECONOMICALLY  DISADVANTAGED  AS
DEFINED BY THE REGENTS;
  (3)  THIRD,  TO ANY APPLICANT ACCORDING TO THE SEVERITY OF SHORTAGE OF
NURSES IN THE AREA SELECTED BY THE APPLICANT.
  IN THE EVENT THAT THERE ARE MORE APPLICANTS WHO HAVE THE SAME PRIORITY
THAN THERE ARE REMAINING SCHOLARSHIPS, THE COMMISSIONER SHALL DISTRIBUTE
THE REMAINING NUMBER OF SUCH SCHOLARSHIPS BY MEANS OF A LOTTERY OR OTHER
FORM OF RANDOM SELECTION.
  C. THE COMMISSIONER SHALL THEN FORWARD APPROVED  APPLICATIONS  TO  THE
PRESIDENT AND SHALL NOTIFY UNSUCCESSFUL APPLICANTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08387-01-3
              

A. 4711                             2

  D. THE PRESIDENT SHALL NOTIFY APPLICANTS OF THEIR AWARD ENTITLEMENT.
  E. THE PRESIDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER AND WITH
THE APPROPRIATE DIRECTOR, DEVELOP AND SECURE FROM EACH SUCCESSFUL APPLI-
CANT  A  WRITTEN AGREEMENT TO ENGAGE IN SUCH EMPLOYMENT, AS APPROPRIATE.
WITHIN SUCH TIME AS THE COMMISSIONER  SHALL  BY  REGULATION  PROVIDE,  A
RECIPIENT OF AN AWARD SHALL HAVE ENGAGED IN SUCH EMPLOYMENT AS APPROPRI-
ATE,  FOR  THAT NUMBER OF MONTHS CALCULATED BY MULTIPLYING BY TWELVE THE
NUMBER OF ANNUAL PAYMENTS RECEIVED BY THE RECIPIENT. IN  NO  CASE  SHALL
THE TOTAL NUMBER OF MONTHS OF SERVICE REQUIRED BE LESS THAN TWENTY-FOUR.
IF A RECIPIENT FAILS TO COMPLY FULLY WITH SUCH CONDITIONS, THE PRESIDENT
SHALL  BE ENTITLED TO RECEIVE FROM SUCH RECIPIENT AN AMOUNT TO BE DETER-
MINED BY THE FORMULA:
                                A = B (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  OBLIGATION  TO  COMPLY  WITH  SUCH PROVISIONS AS OUTLINED IN THIS
SUBDIVISION SHALL BE CANCELLED UPON THE  DEATH  OF  THE  RECIPIENT.  THE
COMMISSIONER SHALL MAKE REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPEN-
SION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  F. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW YORK STATE
HIGHER  EDUCATION SERVICES CORPORATION, ON FORMS PRESCRIBED BY IT, AS TO
THE PERFORMANCE OF THE REQUIRED SERVICES, COMMENCING WITH  THE  CALENDAR
YEAR  IN WHICH THE RECIPIENT BEGINS SUCH EMPLOYMENT 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 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.
  S 2. This act shall take effect immediately.