senate Bill S266A

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

See Assembly Version of this Bill:
A6883A
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, A9909

Sponsor Memo

BILL NUMBER:S266A

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")
scholarship 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-d, and 668-e, as a person who is
unable to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment that can be
expected to result in death, has lasted for a continuous period of not
less than sixty months or can be expected to last for a continuous
period of not less than sixty months or has been determined by the
federal Secretary of Veterans Affairs to be unemployable due to a
service-connected disability.

Section 2: Effective Date.

JUSTIFICATION:

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

This definition prohibits individuals 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
individuals 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/A.9909-Died in Higher Education

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediately.


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

                                 266--A
    Cal. No. 317

                       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  --
  reported  favorably  from  said committee, ordered to first and second
  report, advanced to a third reading -- committed to the  Committee  on
  Rules  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said committee

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-D  AND SIX HUNDRED SIXTY-EIGHT-E OF THIS TITLE, SHALL MEAN A
PERSON WHO: (A) IS UNABLE TO ENGAGE IN ANY SUBSTANTIAL GAINFUL  ACTIVITY
BY  REASON  OF  ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT
THAT (I) CAN BE EXPECTED TO RESULT IN  DEATH;  (II)  HAS  LASTED  FOR  A
CONTINUOUS  PERIOD  OF  NOT  LESS  THAN  SIXTY  MONTHS;  OR (III) CAN BE
EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN SIXTY  MONTHS;
OR  (B) HAS BEEN DETERMINED BY THE FEDERAL SECRETARY OF VETERANS AFFAIRS
TO BE UNEMPLOYABLE DUE TO A SERVICE-CONNECTED DISABILITY.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01371-03-3

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