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dance shall include tuition, required fees, laboratory and other struction related expenses, transportation, room and board.
§ 12. Section two of chapter five hundred seventy-six of the laws of nineteen hundred seventy-five, relating to providing opportunities to study medicine, as amended by chapter three hundred ten of the laws of nineteen hundred eighty-one, is amended to read as follows:
§ 2. To be certified by the commissioner of education as eligible for admission to the university of Vermont medical school, Meharry medical college and school of dentistry, the school of medicine at Morehouse college, the university of Puerto Rico Medical school or the Sackler school of medicine of the university of Tel Aviv pursuant to a contract authorized in section one hereof, an applicant must be a resident of New York state and must enter into a written agreement whereby the applicant agrees to practice medicine, or dentistry, as appropriate, for at least three years following the completion of training in an area of New York state designated by the commissioner of education as an area with a shortage of physicians, or [dentistry] dentists, as appropriate. With respect to agreements on behalf of which payments were made prior to the nineteen hundred eighty-two-nineteen hundred eighty-three academic year, such agreement shall provide that if the applicant, upon licensure as physician or dentist, fails to practice for three years in the designated area in New York state, he or she shall be liable to reimburse the [commissioner of education] state the amount paid by the commissioner of education to the particular school or university to support the individual's education. Commencing with agreements on behalf of which payments are first made beginning with the nineteen hundred eightytwo-nineteen hundred eighty-three academic year, such agreement shall provide that if the applicant, upon receipt of a medical or dental degree and completion of professional training, or active military service, or both, fails to be licensed as a physician or dentist by New York state and fails either to begin the practice of medicine or dentistry in the designated area in New York state or to complete his or her obligated service, he or she shall be liable to reimburse the [commissioner state an amount determined by the formula:
A = 2B (36-s)
in which "A" is the amount the [commissioner] state is entitled to recover; "B" is the sum of all payments made pursuant to this section on behalf of the individual and the interest on such amount which would be payable if at the times such payments were made they were loans bearing interest at the maximum legal prevailing rate; "36" is the period of obligated service in months, and "s" is the number of months of service actually rendered in fulfillment of the agreement. Reimbursements pursuant to this formula shall be made to the [commissioner] state within the one year period beginning on the date of the breach of the written agreement. Every agreement entered into after the effective date of this section shall contain a clause whereby the applicant consents to the exercise of jurisdiction over this cause of action by the courts of New York state and the execution of a judgment rendered by New York courts in any jurisdiction. The commissioner of education, in his discretion, may waive the requirement of reimbursement upon a showing by the individual of a hardship satisfactory to the commissioner.
§ 13. The executive law is amended by adding a new article forty-four to read as follows:
COUNCIL ON PROFESSIONAL CAREER OPPORTUNITY
Section 940. Definitions.
941. Council on professional career opportunity.
§ 940. Definitions. As used in this article: 1.
"Professional field" shall mean a profession licensed by the
2. "Professional education program" shall mean an approved post secondary program leading to a degree in a profession licensed by the regents.
3. "Minority" shall mean a resident of New York state or a permanent resident alien residing in New York state who is a member of a group
historically underrepresented in the scientific, technical, health, and health-related professions as defined by the regents after consultation
4. "Council" shall mean the council on professional opportunity.
§ 941. Council on professional career opportunity. 1. There is hereby created within the executive department a council on professional career opportunity consisting of eleven members as follows: the commissioner of education, the commissioner of health, the chancellor of the state university of New York, the chancellor of the city university of New York, and the president of the higher education services corporation their designees under written designation; and six additional members to be appointed by the governor, including two members appointed upon the recommendation of the temporary president of the senate and two members appointed upon the recommendation of the speaker of the assembly. The council shall include at least one representative of an independent institution of higher education. Due consideration shall be given to the appointment of members recognized for their expertise in the fields of education and minority group issues. The governor shall designate one of the appoint ive members as chairperson to serve as such at the pleasure of the governor. The council shall terminate three years after it is created.
The council shall meet once each annual quarter and as frequent ly as its business may require. The appointed members of the council shall be reimbursed for their reasonable and necessary traveling and other expenses incurred in the performance of their official duties. No additional compensation for services rendered pursuant to this chapter shall be received by members of the council.
§ 942. Powers and duties of the council. 1. The council on professional career opportunity shall have the following powers and duties:
a. to recommend goals and objectives for the enrollment and graduation of minority and disadvantaged students in public and independent institutions of higher education offering professional education programs;
b. to monitor and evaluate progress in increasing the representation of minority and disadvantaged students in professional education programs;
c. to advise the governor and the legislature on strategies to increase access to professional careers and professional education programs on the part of minority and disadvantaged persons;
to recommend revisions to laws, rules, and regulations to effectuate the purposes of this article;
to accept and expend any grants, awards, or other funds or appropriations as may be available to the council to effectuate the purposes of this chapter.
2. At the request of the council, institutions of higher education offering professional education programs shall furnish to the council such reports and information as it may require to effectuate the purposes of this article.
3. The council shall, by February first, nineteen hundred eighty-six and annually thereafter, submit a written report to the governor and the legislature setting forth the recommendations and activities of the council on matters within the scope of its powers as set forth in the article, describing progress made in achieving goals and objectives.
4. The council shall study and advise the governor and the legislature on the problems of recruitment, enrollment, and retention of minority and disadvantaged students in professional education programs.
5. The council shall appoint such officers, agents, consultants, and special committees it deems necessary to carry out the provisions of
6. For the purpose of advising and assisting the council in carrying out its powers and duties in regard to medical education there is hereby established an advisory committee on medical education comprised of eleven members. The members and chairperson of the advisory Committee shall be selected by the chairperson of the council and shall include representatives of public and independent institutions of higher education offering an approved program in medicine and physicians authorized or licensed to practice medicine within the state of New York. The membership of the advisory committee shall include minority representation. § 943. Utilization of other agency assistance. To effectuate the purposes of this article, any department, division, board, bureau, commis
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.
sion or agency of the state or of any political subdivision thereof shall, at the request of the council, provide to the council such facilities, assistance and data as will enable the council properly to carry out its powers and duties.
§ 14. The education law is amended by adding a new section sixty-four hundred fifty-four to read as follows:
§ 6454. Science and technology entry program. 1. As used in this section:
a. "Council" means the council on professional career opportunity created pursuant to article forty-four of the executive law;
b. "Eligible students" shall mean secondary school students who are either economically disadvantaged or minorities historically underrepresented in the scientific, technical, health, and health-related professions as defined by the regents after consultation with the council; and c. "Eligible applicant shall mean an institution of postsecondary education or a consortia of such institutions.
2. The purpose of the science and technology entry programs shall be to assist eligible students in acquiring the skills, attitudes and abilities necessary to pursue professional or pre-professional study in post-secondary degree programs in scientific, technical and healthrelated fields.
3. Grant applications submitted by eligible applicants shall outline a plan of instruction and curriculum-related activities and services to advance the purpose of the science and technology entry program. Such plans may provide for contracting by the eligible applicant with specified not-for-profit community based educational organizations for the provision of instruction, activities and services outlined in the plan. Such plans shall include quantifiable measures to assess the effectiveness of the instruction, activities and services in promoting the purposes of the science and technology entry program. Such measures shall include, but not be limited to:
the persistence rate of participating students in selecting and completing mathematics and science courses in an academic track in their subsequent years in high school;
b. the college placement rate of participating students in professional or pre-professional programs in scientific, technical, or healthrelated fields. Such approved plans may be amended with the approval of the commissioner.
4. Eligible applicants receiving grants pursuant to this section shall provide a program of instruction and curriculum-related activities and services to advance the purpose of the science and technology entry program. The curricula of these programs shall, to the extent practicable, emphasize the concrete aspects of the scientific, technical or health-related discipline as it relates to 8 professional career, through laboratories, relevant work experience opportunities, or similar activities. In addition to specialized instruction, programs funded pursuant to this section shall provide participating students with personal, career and financial aid counseling to ensure that such students are fully aware of the opportunities and necessary preparations for professional careers in scientific, technical, or health-related fields. 5. a. Grants shall be awarded to eligible applicants based upon criteria established by the commissioner after consultation with council, including, but not limited to, the following:
(1) an established record of conducting effective collaborative educational programs with neighboring secondary schools;
(2) the ability and willingness to cooperate with other postsecondary institutions in operating a program funded pursuant to this section;
(3) the capacity to secure or provide additional support in amounts equal to at least twenty-five percent of the grant sought under this section through private and other governmental sources and through inkind services;
(4) a location within a school district with an enrollment comprised of at least twenty-five percent minority group students or a location near such a district that is accessible by public transportation.
b. The commissioner shall select the grant recipients after consultation with the council. To the fullest extent practicable the commissioner and the council shall ensure that grant's are awarded to eligible applicants in a diversity of regions of the state.
6. To be selected to participate in a program funded pursuant to this section, an eligible student must exhibit the potential for college level study if provided with special services, as indicated by academic
record, test scores, attendance record, personal references,
7. No grant pursuant to this section shall exceed one hundred thousand dollars to any eligible applicant in a single state fiscal year.
8. The commissioner is authorized to require eligible applicants receiving funds pursuant to this section to report periodically upon: a. compliance with the approved plan;
b. the objectives of the applicant's program;
C. the curricula and the activities and services offered by the program;
d. the sources of support and the expenditures of the program;
e. the background and progress of students selected to participate in the program;
f. the performance of the program in meeting the evaluation standards established pursuant to this section; and 8. other matters the commissioner deems appropriate.
The commissioner shall report annually to the governor and the legislature on or before February fifteenth upon the programs receiving funds pursuant to this section, and upon the costs and effectiveness of those programs.
commissioner of education shall have the following powers
a. to conduct, encourage, and assist throughout the state, research and studies relating to equal opportunity and affirmative action in the licensed professions;
§ 15. The and duties:
b. to collect and analyze data concerning minority representation in the licensed professions and in professional education programs and professional education faculties;
C. to provide support and technical assistance to public and independent institutions of higher education offering professional education programs in identifying, recruiting, serving, and retaining qualified minority and economically disadvantaged students as well as to student and community organizations active in promoting the development of professional career opportunities for such students;
d. to promote the dissemination of information on opportunities in professional education programs and the necessary preparation for entry into those programs to minority and economically disadvantaged students through the publication and distribution of informational materials and by conducting or assisting the presentation of conferences, workshops, and seminars;
e. to administer grants and contracts within amounts appropriated therefor, for programs to promote access to professional careers and professional education programs on the part of minority and economically disadvantaged persons; and
f. to provide assistance to the council on professional career opportunity created pursuant to article forty-four of the executive law.
These powers and duties shall be exercised through the office of the professions. The commissioner of education shall appoint such officers, employees, agents, consultants, and special committees as deemed necessary to carry out the provisions of this act.
5 16. Chapter four hundred forty-five of the laws of nineteen hundred eighty-two, relating to the physicians shortage program, is repealed.
17. This act shall take effect immediately; provided, however, that the scholarship and loan forgiveness programs established pursuant to the provisions of this act shall terminate in an annual scaled manner four years after such effective date.
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.
AN ACT to amend the insurance law, in relation to continuation of provisions relating to advances from the property/casualty insurance security fund
Became a law April 16, 1985, with the approval of the Governor.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph six of subsection (b) of section seven thousand four hundred three of the insurance law, as amended by chapter nine hundred fifty-five of the laws of nineteen hundred eighty-four, is amended to read as follows:
(6) This subsection shall expire April first, nineteen hundred [eighty-five] eighty-six, provided that the insurer's obligation to repay to the fund moneys advanced to it under this subsection, and the fund's claim for the advance, and any accrued interest, as a priority over all non-secured creditors, shall survive such expiration date.
§ 2. This act shall take effect immediately.
AN ACT to amend the state finance law, in relation to payments into the transportation improvement fund
Became a law April 16, 1985, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Subdivision two of section eighty-eight of the state finance law, as amended by chapter sixty-four of the laws of nineteen hundred eighty-four, is amended to read as follows:
2. Notwithstanding any provisions of law to the contrary, for fiscal years beginning on or after April first, nineteen hundred [eighty-five] eighty-six, all the receipts from the taxes imposed pursuant to article twenty-two of the tax law shall be paid into the transportation improvement fund, provided however, at the time that the total of such deposits reaches two hundred twenty-five million dollars in any one fiscal year, the provisions of section one hundred seventy-one-a of the tax law shall be controlling with respect to the deposit and disposition of any further receipts from such taxes in such fiscal year. Any moneys in such fund not required for payment within ten days pursuant to subdivision two of section ten-c of the highway law and section sixteen of the transportation systems assistance and financing act of nineteen hundred eighty-one may be loaned temporarily to another fund only if such loan or portion thereof shall be repaid so as to make such required payments when due, provided, however, that such loans shall be repaid in full prior to the end of the fiscal year in which such loan was made.
§ 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April first, nineteen hundred eighty-five.