senate Bill S266

Amended

Defines "severely and permanently disabled" for purposes of state scholarships and education loans

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 16 / Apr / 2013
    • 1ST REPORT CAL.317
  • 17 / Apr / 2013
    • 2ND REPORT CAL.
  • 22 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 28 / Oct / 2013
    • AMEND AND RECOMMIT TO RULES
  • 28 / Oct / 2013
    • PRINT NUMBER 266A
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION
  • 29 / Apr / 2014
    • 1ST REPORT CAL.435
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 12 / May / 2014
    • PASSED SENATE
  • 12 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / May / 2014
    • REFERRED TO HIGHER EDUCATION

Summary

Defines "severely and permanently disabled" for purposes of state scholarships and education loans.

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Bill Details

Versions:
S266
S266A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd ยง601, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
S6985

Sponsor Memo

BILL NUMBER:S266

TITLE OF BILL:
An act
to amend the education law, in relation to the definition of severely and
permanently disabled for purposes of eligibility for certain
scholarships and loans

PURPOSE:
This legislation would permit a severely and permanently disabled
person to be eligible for the World Trade Center Memorial Scholarship
and Military enhanced recognition, incentive and tribute ("MERIT")
scholarships despite whether such person is able to engage in a
part-time occupation.

SUMMARY OF PROVISIONS:
Section 1: Defines "severely and permanently" disabled, as referenced
in sections 604, 608, 608-a, 668-b, 668-d, and 668-e, as a person who
has one or more impairments, disabilities or conditions which are
permanent in nature, as certified by a licensed physician, and which
are of such a nature as to prevent such person from engaging
full-time employment, for remuneration, for thirty-five hours or
more a week outside of such person's home.

Section 2: Effective Date

EXISTING LAW:
Currently, the Education Law does not define what it means to be
severely and permanently disabled for the purposes of receiving the
World Trade Center Memorial Scholarship and Military enhanced
recognition, incentive and tribute ("MERIT") scholarships. However,
HESC has construed these terms to mean that the victim is unable to
engage in any occupation.

JUSTIFICATION:
Currently, the Higher Education Services Corporation defines severely
and permanently disabled as the victim is unable to engage in any
occupation (including part time or light duty).

This definition prohibits victims from being eligible for the World
Trade Center Memorial and "MERIT" scholarships should they find a way
to keep working after they have suffered a severe and permanent
disability. For instance, under HESC's definition, a person who is
70% disabled due to health effects from World Trade Center exposure
would not be eligible for the WTC Memorial Scholarship if they were
able to do part-time work from home.
This legislation would ensure that victims are not prohibited from
being eligible for these scholarships and loans because they make a
determined effort to keep working after they suffer their injuries.

LEGISLATIVE HISTORY:
2012: S.6985 - Advanced to Third Reading

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   266

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in  relation  to  the  definition  of
  severely  and  permanently  disabled  for  purposes of eligibility for
  certain scholarships and loans

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 601 of the education law is amended by adding a new
subdivision 8 to read as follows:
  8.  "SEVERELY AND PERMANENTLY DISABLED", AS REFERENCED IN SECTIONS SIX
HUNDRED FOUR, SIX  HUNDRED  EIGHT,  SIX  HUNDRED  EIGHT-A,  SIX  HUNDRED
SIXTY-EIGHT-B,  SIX  HUNDRED SIXTY-EIGHT-D AND SIX HUNDRED SIXTY-EIGHT-E
OF THIS TITLE, SHALL MEAN A PERSON HAS ONE OR MORE IMPAIRMENTS, DISABIL-
ITIES OR CONDITIONS WHICH ARE PERMANENT IN NATURE,  AS  CERTIFIED  BY  A
LICENSED  PHYSICIAN,  AND  WHICH ARE OF SUCH A NATURE AS TO PREVENT SUCH
PERSON FROM ENGAGING IN  FULL-TIME  EMPLOYMENT,  FOR  REMUNERATION,  FOR
THIRTY-FIVE HOURS OR MORE A WEEK OUTSIDE OF SUCH PERSON'S HOME.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01371-01-3

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