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.