S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1568--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. SIMON, EPSTEIN, DINOWITZ, MAGNARELLI, TANNOUSIS,
   McDONOUGH, JACKSON, CRUZ, KELLES,  BURGOS,  STIRPE,  WALKER,  FORREST,
   RAGA,  SEAWRIGHT,  SHIMSKY, JACOBSON, LAVINE, HEVESI, LUNSFORD -- read
   once and referred to the Committee on Higher  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, 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:
 
   Section  1.    Subparagraph  (i)  of  paragraph  a of subdivision 2 of
 section 679-e of the education law,  as amended by section 1 of  part  R
 of chapter 57 of the laws of 2011, is amended to read as follows:
   (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 subparagraph (ii) of this
 paragraph, or an indigent legal services attorney, as defined in subpar-
 agraph (iii) of this paragraph OR AN ATTORNEY WORKING AS ASSIGNED  COUN-
 SEL  PURSUANT  TO  ARTICLE  EIGHTEEN-B OF THE COUNTY LAW WHO PROVIDES AN
 ANNUAL AVERAGE OF ONE HUNDRED TWENTY HOURS PER MONTH TO ASSIGNED COUNSEL
 CASES, 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 para-
 graph 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02878-05-3
              
             
                          
                 A. 1568--B                          2
 
 measured  from  six  years  from  the date which such attorney was first
 employed as a district attorney.
   §  2.  Paragraph  b of subdivision 2 of section 679-e of the education
 law, as amended by section 1 of part VV of chapter 56  of  the  laws  of
 2009, is amended to read as follows:
   b.  "Eligible  period"  means  the  [six-year] EIGHT-YEAR period after
 completion of the [third] SECOND year and before the commencement of the
 [tenth] ELEVENTH  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 prosecuting [or]  AGENCY,  criminal  defense
 agency,  NON-PROFIT  INDIGENT  CIVIL  LEGAL  SERVICES CORPORATION, OR AS
 ASSIGNED COUNSEL as permitted by section four hundred eighty-four of the
 judiciary law shall be combined.
   § 3. Paragraph d of subdivision 2 of section 679-e  of  the  education
 law,  as  amended  by  section 1 of part VV of chapter 56 of the laws of
 2009, is amended to read as follows:
   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]  AGENCY, criminal defense
 agency, NON-PROFIT INDIGENT CIVIL  LEGAL  SERVICES  CORPORATION,  OR  AS
 ASSIGNED COUNSEL as permitted by section four hundred eighty-four of the
 judiciary law, adjusted for any interruption in employment.  VACATION OR
 LEAVE  TIME PROVIDED BY THE EMPLOYER OR LEAVE TAKEN FOR A CONDITION THAT
 IS A QUALIFYING REASON FOR LEAVE UNDER THE FAMILY AND MEDICAL LEAVE  ACT
 OF  1993, 29 U.S.C. 2612(A)(1) AND (3) SHALL NOT BE CONSIDERED AN INTER-
 RUPTION IN QUALIFYING EMPLOYMENT. Any period of  [temporary  leave  from
 service]  INTERRUPTION  IN  QUALIFYING  EMPLOYMENT  taken by an eligible
 attorney shall  not  be  considered  in  the  calculation  of  qualified
 service. However, the period of [temporary leave shall be considered an]
 interruption  in  QUALIFYING  employment and the calculation of the time
 period of qualified service shall recommence when the eligible  attorney
 returns to [full time] service.
   §  4.  Paragraph  a of subdivision 3 of section 679-e of the education
 law, as amended by section 1 of part VV of chapter 56  of  the  laws  of
 2009, is amended to read as follows:
   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]  EIGHT  THOUSAND 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.  Awards shall be within the amounts  appropriated  for  such
 purpose and based on availability of funds.
   §  5.  Paragraph  b of subdivision 3 of section 679-e of the education
 law, as amended by section 1 of part VV of chapter 56  of  the  laws  of
 2009, is amended to read as follows:
   b. An eligible attorney may apply after the completion of the [fourth]
 SECOND  year  of  qualified  service,  and annually thereafter after the
 completion of the [fifth] THIRD through [ninth] ELEVENTH year of  quali-
 fied  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
 A. 1568--B                          3
 
 grants for no more than [six] EIGHT years of qualified service within an
 eligible period.
   §  6.  This  act  shall take effect April 1, 2024. Nothing in this act
 shall be implemented in a manner that diminishes the  current  award  or
 status of eligible attorneys currently participating in the program.