Senate Bill S8013

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8013
 
                             I N  S E N A T E
 
                              March 19, 2018
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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 student  loan  assist-
   ance  for  certain attorneys employed by political subdivisions of the
   state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 679-e of the education law, as amended by section 1
 of  part VV of chapter 56 of the laws of 2009, subparagraph (i) of para-
 graph a of subdivision 2 as amended by section 1 of part R of chapter 57
 of the laws of 2011, is amended to read as follows:
   § 679-e. New York state  district  attorney,  MUNICIPAL  ATTORNEY  and
 indigent  legal  services attorney loan forgiveness program. 1. Purpose.
 The president shall  grant  student  loan  forgiveness  awards  for  the
 purpose of increasing the number of experienced attorneys serving in the
 position  of  district attorney, A MUNICIPAL ATTORNEY, or indigent legal
 services attorney in the counties of the state.
   2. Definitions. a. (i) "Eligible attorney" means an attorney, who is a
 resident of and is admitted to practice law in New York  state,  who  is
 employed full-time as either a district attorney, as defined in subpara-
 graph  (ii) of this paragraph, [or] an indigent legal services attorney,
 as defined in subparagraph (iii)  of  this  paragraph,  OR  A  MUNICIPAL
 ATTORNEY,  AS DEFINED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH, AND who is
 admitted to practice law in this state for not more than eleven years or
 who was within the eligible period as defined in  paragraph  b  of  this
 subdivision  during  the time for which such person is seeking a student
 loan expense grant. Notwithstanding the foregoing, an eligible  attorney
 shall  include  those  district  attorney  applicants  who  were awarded
 program eligibility and who provided  qualified  service  between  April
 first,  two  thousand eight and March thirty-first, two thousand eleven;
 such an eligible attorney shall remain eligible to  participate  in  the
 program  provided  they  are within an eligible period measured from six
 years from the date which such attorney was first employed as a district
 attorney.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15183-01-8

 S. 8013                             2
 
   (ii) "District attorney" means the district attorney  of  one  of  the
 counties  of the state or an employee of the office of any such district
 attorney.
   (iii)  "Indigent  legal services attorney" means an attorney who is an
 employee of (A) any agency designated by subdivisions  one  and  two  of
 section  seven  hundred  twenty-two of the county law, who is engaged in
 the practice of criminal law on behalf of persons charged with  a  crime
 who  are  financially  unable  to  obtain  counsel; (B) a not-for-profit
 corporation that is exempt from the  payment  of  federal  income  taxes
 pursuant  to  section  501(c)(3) of the internal revenue code and estab-
 lished for the purpose of providing legal services  that  include  civil
 legal  services  to  persons  within  New York state who are financially
 unable to obtain counsel; or (C) an agency specified in  clause  (A)  of
 this  subparagraph  and/or a corporation specified in clause (B) of this
 subparagraph and who provides a combination of the  civil  and  criminal
 services specified therein.
   (IV) "MUNICIPAL ATTORNEY" MEANS AN ATTORNEY WHO IS EMPLOYED BY A POLI-
 TICAL  SUBDIVISION  OF  THE  STATE  IN  AN  AGENCY,  BUREAU OR UNIT THAT
 PROVIDES SOCIAL OR PROTECTIVE SERVICES TO INDIGENT ADULTS OR CHILDREN.
   b. "Eligible period" means the six-year period after completion of the
 third year and before the commencement of the tenth year  of  employment
 as  an  eligible  attorney. For purposes of this section, all periods of
 time during which an admitted  attorney  was  employed  as  an  eligible
 attorney  and  all  periods  of  time during which a law school graduate
 awaiting admission to the New York state bar was employed by a prosecut-
 ing or criminal defense agency as  permitted  by  section  four  hundred
 eighty-four of the judiciary law shall be combined.
   c.  "Student loan expense" means the total loan balance required to be
 paid by the eligible attorney on the cumulative total of the  attorney's
 outstanding  student  loans covering his or her cost of attendance at an
 undergraduate institution and/or law school, at the time of  the  attor-
 ney's  first application for reimbursement. Interest paid or due on such
 loans shall be considered eligible for reimbursement under this program.
 For purposes of  this  calculation,  the  amount  of  the  student  loan
 expenses  shall  be  reduced by any grants, loan forgiveness, or similar
 reductions to the attorney's indebtedness that the attorney has received
 or shall receive,  including,  but  not  limited  to,  law  school  loan
 forgiveness and public service scholarships.
   d.  "Year of qualified service" means the twelve month period measured
 from the anniversary of the attorney's employment as an eligible  attor-
 ney,  or  as  a  law  school graduate awaiting admission to the New York
 state bar employed by  a  prosecuting  or  criminal  defense  agency  as
 permitted  by  section  four  hundred  eighty-four of the judiciary law,
 adjusted for any interruption in employment.  Any  period  of  temporary
 leave from service taken by an eligible attorney shall not be considered
 in  the  calculation of qualified service. However, the period of tempo-
 rary leave shall be considered an interruption  in  employment  and  the
 calculation  of  the  time  period of qualified service shall recommence
 when the eligible attorney returns to full time service.
   3. Awards. a. An eligible attorney may apply for  reimbursement  after
 the  completion  of each year of qualified service provided however that
 reimbursement to each eligible attorney shall not exceed three  thousand
 four  hundred  dollars,  per  qualifying year, subject to appropriations
 available therefor. The president  may  establish:  (i)  an  application
 deadline  and (ii) a method of selecting recipients if in any given year
 there are insufficient funds to cover the needs of all  the  applicants.

 S. 8013                             3
 
 Awards  shall  be  within  the amounts appropriated for such purpose and
 based on availability of funds.
   b.  An  eligible attorney may apply after the completion of the fourth
 year of qualified service, and annually thereafter after the  completion
 of  the  fifth  through  ninth year of qualified service, and may seek a
 student loan expense grant for  only  the  previous  year  of  qualified
 service within the time periods prescribed by the president. An eligible
 attorney  may  receive  student loan expense grants for no more than six
 years of qualified service within an eligible period.
   4. Rules and regulations. The president  shall  promulgate  rules  and
 regulations  for  the  administration of this program. The president may
 promulgate rules and regulations to delegate to the  entities  employing
 the  eligible  attorneys  the  responsibility  to certify the employment
 status and the student loan balance of the applicants.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.