S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8996
 
                           I N  A S S E M B L Y
 
                             February 1, 2024
                                ___________
 
 Introduced  by  M.  of  A.  BICHOTTE HERMELYN,  SIMON  --  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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06850-02-4
 A. 8996                             2
 
   (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 (ppp) to read as follows:
   (PPP)   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;
   (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.
 A. 8996                             3
 
   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-c to read as follows:
   (4-C) 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 (g) to read as follows:
   (G)  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, 2024.