Bill Text: NY S06424 | 2021-2022 | General Assembly | Introduced


Bill Title: Enacts the "New York state nurse employment, enhancement and dignity act" to provide hazard pay to nurses during a state disaster emergency, an annual tax credit for nurses, a student loan forgiveness program for nurses, and preferential school admission for nurses.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CIVIL SERVICE AND PENSIONS [S06424 Detail]

Download: New_York-2021-S06424-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6424

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 28, 2021
                                       ___________

        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:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "New York state nurse employment, enhancement and dignity act".
     3    § 2. Legislative Findings.   The profession of nursing is critical  to
     4  the  general health and safety of the residents of the state of New York
     5  and the need for nurses has been exacerbated by the  COVID-19  pandemic.
     6  The  nursing  shortage and high attrition rates for nursing titles nega-
     7  tively impacts patients and staff and serves to undermine the quality of
     8  care in this state.   The educational requirements  for  licensure  into
     9  certain  nursing  titles has served as a practical and financial barrier
    10  to too many aspiring health care professionals.  As an employer and  the
    11  entity  charged  with  the care of the state's most vulnerable, New York
    12  state must lead the way in making this profession  more  accessible  and
    13  attractive  so  as  to ensure the quality and continuity of care for New
    14  York's most at-risk citizens.
    15    § 3. Subdivision 14 of section 130 of the civil service law is  renum-
    16  bered  subdivision  15  and  a  new  subdivision  14 is added to read as
    17  follows:
    18    14. Hazard duty payments to nurses during a state  emergency  disaster
    19  declaration.    (a) Any professional or practical  nurse,  nurse practi-
    20  tioner,  or  clinical  nurse  specialist recognized in  accordance  with
    21  sections six thousand nine hundred five, six thousand nine  hundred six,
    22  six  thousand  nine  hundred ten and six thousand nine hundred eleven of
    23  the education law who is employed by the state and provides services  in
    24  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

     1  during  any  state  disaster  emergency declared  pursuant   to  article
     2  two-B of the executive law to provide for the health, safety and welfare
     3  of the public shall be awarded a hazardous duty differential.
     4    (b)    A  hazardous  duty differential under this subdivision shall be
     5  twenty-five hundred dollars.  The hazard pay  differential  provided  in
     6  this  subdivision  shall  be  in addition to and shall not be part of an
     7  employee's basic annual salary, and  shall  not  affect  or  impair  any
     8  performance advancement payments, performance awards, longevity payments
     9  or  other  rights or benefits to which an employee may be entitled under
    10  the provisions of this chapter, provided, however, that any differential
    11  payable pursuant to this subdivision shall be included  as  compensation
    12  for  retirement  purposes.    Employees  eligible  for  the  hazard duty
    13  payments authorized by this subdivision shall also  receive  thirty-five
    14  hours  of  additional vacation time accrual.  The director of the budget
    15  shall adopt regulations to carry out the provisions of this subdivision.
    16    § 4. Section 606 of the tax law  is  amended    by  adding    a    new
    17  subsection (kkk) to read as follows:
    18    (kkk)   Nurse exemption. (1) Allowance of credit. A taxpayer that is a
    19  professional or practical  nurse,  nurse   practitioner,   or   clinical
    20  nurse    specialist in the state recognized in accordance  with sections
    21  six thousand nine hundred five, six thousand nine   hundred  six,    six
    22  thousand  nine  hundred  ten and six thousand nine hundred eleven of the
    23  education law and who provides services in a licensed  medical  care  or
    24  other  state-operated agency or facility in this state shall  be allowed
    25  an annual credit of five hundred dollars against the tax imposed by this
    26  article.
    27    (2) Overpayment. If the  amount  of  the  credit  allowed  under  this
    28  subsection for any taxable year exceeds the taxpayer's tax for the taxa-
    29  ble  year,  the  excess  shall be treated as an overpayment of tax to be
    30  credited or refunded in accordance with the provisions  of  section  six
    31  hundred  eighty-six of this article, provided, however, no interest will
    32  be paid thereon.
    33    § 5. The education law is amended by adding a  new  section  679-k  to
    34  read as follows:
    35    § 679-k. New York state nursing loan forgiveness incentive program. 1.
    36  Purpose.  The  president shall grant student loan forgiveness awards for
    37  the purpose of alleviating the burden of  student  loan  debt for nurses
    38  in the state. Such awards shall be made  on    a  competitive  basis  as
    39  promulgated  by  the  corporation for such purposes, to  applicants  who
    40  meet the eligibility criteria. Such rules and regulations shall  include
    41  provisions  for  the  consideration of applicants who   are economically
    42  disadvantaged.
    43    2.   Eligibility. To  be  eligible  for  an  award  pursuant  to  this
    44  section, applicants shall:
    45    (a)  have  graduated  and  obtained a degree from an approved New York
    46  state college or university;
    47    (b) have an outstanding student loan debt from obtaining such degree;
    48    (c)  be employed as a professional or practical  nurse,  nurse practi-
    49  tioner,  or  clinical  nurse  specialist in the state in accordance with
    50  sections six thousand nine hundred five, six thousand nine  hundred six,
    51  six thousand nine hundred ten and six thousand nine  hundred  eleven  of
    52  this chapter;
    53    (d) apply for this program within five years of college graduation;
    54    (e) comply with subdivision  five  of  section  six  hundred sixty-one
    55  of this part;

        S. 6424                             3

     1    (f)   make   a  commitment  to  practice in a licensed medical care or
     2  other state-operated agency or facility in  this  state  for  a  minimum
     3  period  of ten years or for the duration of the award whichever is long-
     4  er.
     5    3.   Awards. The corporation shall  grant  such  awards  not to exceed
     6  one thousand dollars per recipient per year and the total  cost  of  any
     7  awards  made  shall fall within   amounts appropriated for such purposes
     8  and based on the availability of funds.
     9    § 6. Paragraph (h) of subdivision 2 of section 355  of  the  education
    10  law is amended by adding a new subparagraph 4-b to read as follows:
    11    (4-b)  Notwithstanding  the provisions of any other general or special
    12  law, rule or regulation to the contrary, such regulations shall  require
    13  admission of any professional or practical  nurse,  nurse  practitioner,
    14  or   clinical   nurse specialist recognized in accordance  with sections
    15  six thousand nine hundred five, six thousand nine   hundred  six,    six
    16  thousand  nine  hundred ten and six thousand nine hundred eleven of this
    17  chapter and who is employed by the state and who provides services in  a
    18  licensed  medical  care  or  other state-operated agency or facility for
    19  purposes of attaining the baccalaureate degree  requirements  prescribed
    20  by section six thousand nine hundred five of this chapter.
    21    §  7. Subdivision 7 of section 6206 of the education law is amended by
    22  adding a new paragraph (f) to read as follows:
    23    (f) Notwithstanding the provisions of any  other  general  or  special
    24  law,  rule  or  regulation  to the contrary, the board of trustees shall
    25  adopt regulations requiring admission of any professional  or  practical
    26  nurse,  nurse   practitioner,  or  clinical  nurse specialist recognized
    27  in accordance  with sections six thousand nine hundred five,  six  thou-
    28  sand  nine  hundred six,  six thousand nine hundred ten and six thousand
    29  nine hundred eleven of this chapter and who is employed by the state and
    30  who provides services in a licensed medical care or other state-operated
    31  agency or facility for purposes of attaining  the  baccalaureate  degree
    32  requirements  prescribed  by  section  six thousand nine hundred five of
    33  this chapter.
    34    § 8. This act shall take effect immediately and  shall  be  deemed  to
    35  have been in full force and effect on and after April 1, 2021.
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