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S04511 Summary:

BILL NOS04511C
 
SAME ASSAME AS A01568-D
 
SPONSORRAMOS
 
COSPNSRADDABBO, BRISPORT, CLEARE, FELDER, FERNANDEZ, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU, MAY, MYRIE, RIVERA, SALAZAR, SEPULVEDA, SERRANO, THOMAS, WEBB
 
MLTSPNSR
 
Amd §679-e, Ed L
 
Expands the eligibility period for indigent legal service attorneys to receive certain loan forgiveness; increases loan reimbursement for certain attorneys who work in legal services with indigent clients.
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S04511 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4511--C
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 9, 2023
                                       ___________
 
        Introduced  by  Sens. RAMOS, CLEARE, FELDER, FERNANDEZ, GOUNARDES, HOYL-
          MAN-SIGAL,  JACKSON,  KAVANAGH,  LIU,  MAY,  MYRIE,  RIVERA,  SALAZAR,
          SEPULVEDA, SERRANO, THOMAS -- read twice and ordered printed, and when
          printed  to  be  committed  to  the  Committee  on Higher Education --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee -- recommitted to the Committee on High-
          er  Education  in  accordance  with Senate Rule 6, sec. 8 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend  the education law, in relation to the New York state
          district attorney and indigent legal services attorney  loan  forgive-
          ness program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.   Paragraph b of subdivision 2  of  section  679-e  of  the
     2  education  law,  as amended by section 1 of part VV of chapter 56 of the
     3  laws of 2009, is amended to read as follows:
     4    b. "Eligible period" means  the  [six-year]  eight-year  period  after
     5  completion of the [third] second year and before the commencement of the
     6  [tenth]  eleventh  year  of  employment  as  an  eligible  attorney. For
     7  purposes of this section, all periods of time during which  an  admitted
     8  attorney  was  employed  as an eligible attorney and all periods of time
     9  during which a law school graduate awaiting admission to  the  New  York
    10  state  bar  was  employed by a prosecuting [or] agency, criminal defense
    11  agency, non-profit indigent civil legal services corporation as  permit-
    12  ted  by  section  four hundred eighty-four of the judiciary law shall be
    13  combined.
    14    § 2. Paragraph d of subdivision 2 of section 679-e  of  the  education
    15  law,  as  amended  by  section 1 of part VV of chapter 56 of the laws of
    16  2009, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02878-08-4

        S. 4511--C                          2
 
     1    d. "Year of qualified service" means the twelve month period  measured
     2  from  the anniversary of the attorney's employment as an eligible attor-
     3  ney, or as a law school graduate awaiting  admission  to  the  New  York
     4  state  bar  employed  by  a  prosecuting  [or]  agency, criminal defense
     5  agency,  non-profit indigent civil legal services corporation as permit-
     6  ted by section four hundred eighty-four of the judiciary  law,  adjusted
     7  for  any interruption in employment.  Vacation or leave time provided by
     8  the employer or leave taken for a condition that is a qualifying  reason
     9  for  leave  under  the  Family  and Medical Leave Act of 1993, 29 U.S.C.
    10  2612(a)(1) and (3) shall not be considered an interruption in qualifying
    11  employment. Any period of [temporary leave from service] interruption in
    12  qualifying employment taken by an eligible attorney shall not be consid-
    13  ered in the calculation of qualified service.  However,  the  period  of
    14  [temporary  leave  shall  be  considered  an] interruption in qualifying
    15  employment and the calculation of the time period of  qualified  service
    16  shall  recommence  when  the  eligible  attorney  returns to [full time]
    17  service.
    18    § 3. Paragraph a of subdivision 3 of section 679-e  of  the  education
    19  law,  as  amended  by  section 1 of part VV of chapter 56 of the laws of
    20  2009, is amended to read as follows:
    21    a.  An  eligible  attorney  may  apply  for  reimbursement  after  the
    22  completion  of  each  year  of  qualified  service provided however that
    23  reimbursement to each eligible attorney shall not exceed [three thousand
    24  four hundred] eight thousand dollars, per qualifying  year,  subject  to
    25  appropriations  available  therefor. The president may establish: (i) an
    26  application deadline and (ii) a method of selecting recipients if in any
    27  given year there are insufficient funds to cover the needs  of  all  the
    28  applicants.    Awards  shall be within the amounts appropriated for such
    29  purpose and based on availability of funds.
    30    § 4. Paragraph b of subdivision 3 of section 679-e  of  the  education
    31  law,  as  amended  by  section 1 of part VV of chapter 56 of the laws of
    32  2009, is amended to read as follows:
    33    b. An eligible attorney may apply after the completion of the [fourth]
    34  second year of qualified service,  and  annually  thereafter  after  the
    35  completion  of the [fifth] third through [ninth] eleventh year of quali-
    36  fied service, and may seek a student loan expense  grant  for  only  the
    37  previous year of qualified service within the time periods prescribed by
    38  the  president.  An  eligible  attorney may receive student loan expense
    39  grants for no more than [six] eight years of qualified service within an
    40  eligible period.
    41    § 5. This act shall take effect April 1, 2025.  Nothing  in  this  act
    42  shall  be  implemented  in a manner that diminishes the current award or
    43  status of eligible attorneys currently participating in the program.
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