senate Bill S266A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 12, 2014 referred to higher education
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.435
Jan 08, 2014 referred to higher education
Oct 28, 2013 print number 266a
amend and recommit to rules
Jun 21, 2013 committed to rules
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
Apr 16, 2013 1st report cal.317
Jan 09, 2013 referred to higher education

Votes

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Apr 29, 2014 - Higher Education committee Vote

S266A
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Higher Education committee vote details

Apr 16, 2013 - Higher Education committee Vote

S266
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S266 - Bill Details

See Assembly Version of this Bill:
A6883A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §601, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S6985, A9909

S266 - Bill Texts

view summary

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

view 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.

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                    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

S266A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6883A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §601, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S6985, A9909

S266A (ACTIVE) - Bill Texts

view summary

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

view 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.


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                    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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