S T A T E O F N E W Y O R K
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4270
2015-2016 Regular Sessions
I N A S S E M B L Y
January 30, 2015
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Introduced by M. of A. BRENNAN, ROSENTHAL, ORTIZ, CAHILL, JAFFEE, WRIGHT
-- read once and referred to the Committee on Judiciary
AN ACT to amend the state finance law and the judiciary law, in relation
to establishing a fund to assist public service attorneys practicing
public service law to repay their student loans
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "public
interest legal services loan assistance act."
S 2. Declaration of policy and legislative intent. The legislature
reaffirms that the efficient and effective provision of high-quality
legal services on behalf of the state, its political subdivisions and
the populations therein depends on competent, dedicated attorneys making
a long-term commitment to public-service work, whether as prosecutors,
public defenders or other indigent defense attorneys, civil legal
services attorneys, or the equivalent. The legislature finds, however,
that because these attorneys often carry significant and increasing
student loan debt burdens and have grave difficulty in repaying such
debts on the relatively low salaries paid by most public interest posi-
tions, many of these attorneys are being forced to leave public service.
The loss of so many capable public interest attorneys, often at the very
time they have achieved sufficient training and experience to handle the
most complex matters of public concern, has had an adverse impact on
government generally and reduced the capacity of the criminal and civil
justice systems to provide the consistently high-quality legal services
the people of New York state deserve. The legislature finds that the
difficulty of attracting and retaining well-trained public interest
lawyers due to student loan debt frustrates the achievement of important
constitutional and statutory policy objectives, increases the cost of
state and local government, and diminishes public confidence in the
criminal and civil justice systems. The legislature therefore recognizes
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01709-01-5
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the value of retaining these seasoned public servants in public interest
positions and finds that it is in the public interest to provide finan-
cial assistance to help these attorneys repay their student loans.
Accordingly, the legislature hereby establishes the public interest
legal services loan assistance fund.
S 3. The state finance law is amended by adding a new section 99-w to
read as follows:
S 99-W. PUBLIC INTEREST LEGAL SERVICES LOAN ASSISTANCE FUND. 1. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
THE CHIEF ADMINISTRATOR OF THE COURTS A SPECIAL FUND TO BE KNOWN AS THE
"PUBLIC INTEREST LEGAL SERVICES LOAN ASSISTANCE FUND" OF THE STATE OF
NEW YORK.
2. THE PUBLIC INTEREST LEGAL SERVICES LOAN ASSISTANCE FUND SHALL
CONSIST OF THE MONIES DEPOSITED THEREIN PURSUANT TO SUBDIVISION ONE OF
SECTION FOUR HUNDRED SIXTY-FIVE OF THE JUDICIARY LAW, AND ALL MONIES
DEPOSITED THEREIN OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW, INCLUDING VOLUNTARY CONTRIBUTIONS, TOGETHER WITH ANY
INTEREST ACCRUED THEREON.
3. ALL MONIES IN THE PUBLIC INTEREST LEGAL SERVICES LOAN ASSISTANCE
FUND SHALL BE AVAILABLE, SUBJECT TO APPROPRIATIONS, FOR THE PAYMENT OF
SERVICES AND EXPENSES AS PROVIDED FOR IN THE PUBLIC INTEREST LEGAL
SERVICES LOAN ASSISTANCE PROGRAM AUTHORIZED BY ARTICLE FIFTEEN-A OF THE
JUDICIARY LAW, INCLUDING THE COSTS TO THE UNIFIED COURT SYSTEM INCURRED
IN THE ADMINISTRATION OF SUCH PROGRAM.
4. ALL PAYMENTS OF MONEY FROM THE PUBLIC INTEREST LEGAL SERVICES LOAN
ASSISTANCE FUND SHALL BE MADE ON THE AUDIT AND WARRANT OF THE COMP-
TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE CHIEF ADMINISTRATOR OF
THE COURTS.
S 4. Subdivision 1 of section 465 of the judiciary law, as amended by
section 6 of part K of chapter 56 of the laws of 2010, is amended to
read as follows:
1. Every person applying for examination for admission to practice as
an attorney and counselor at law shall pay a fee of [two] FOUR hundred
[fifty] dollars, or seven hundred fifty dollars if, to qualify to take
the bar examination, the person must satisfy the rules of the court of
appeals for the admission of attorneys and counselors at law governing
the study of law in a foreign country, for each taking or retaking of
the examination, or if dispensation has been received from the taking of
the examination, [four] FIVE hundred dollars for credential review for
admission on motion. All such fees shall be paid into the state treasury
in the manner provided by section one hundred twenty-one of the state
finance law, PROVIDED THAT ONE HUNDRED FIFTY DOLLARS OF EACH FEE FOR THE
TAKING OR RETAKING OF THE EXAMINATION AND ONE HUNDRED DOLLARS OF EACH
FEE FOR CREDENTIAL REVIEW FOR ADMISSION ON MOTION SHALL BE DEPOSITED IN
THE PUBLIC INTEREST LEGAL SERVICES LOAN ASSISTANCE FUND ESTABLISHED
PURSUANT TO SECTION NINETY-NINE-W OF THE STATE FINANCE LAW.
S 5. The judiciary law is amended by adding a new article 15-A to read
as follows:
ARTICLE 15-A
PUBLIC INTEREST LEGAL SERVICES LOAN ASSISTANCE PROGRAM
SECTION 499-A. DEFINITIONS.
499-B. PROGRAM ADMINISTRATION.
499-C. PUBLIC INTEREST LEGAL SERVICES LOAN ASSISTANCE.
S 499-A. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "ELIGIBLE ATTORNEY" MEANS AN ATTORNEY ADMITTED TO PRACTICE LAW IN
NEW YORK STATE WHO DURING THE STATE FISCAL YEAR FOR WHICH SUCH ATTORNEY
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SEEKS REIMBURSEMENT FOR THE PAYMENT OF A STUDENT LOAN EXPENSE WAS
EMPLOYED EITHER AS A PROSECUTOR, AN INDIGENT DEFENSE ATTORNEY, OR A
CIVIL LEGAL SERVICES ATTORNEY; AND WHO HAS BOTH HELD A DEGREE FROM A LAW
SCHOOL FOR NOT MORE THAN ELEVEN YEARS AND WAS WITHIN THE ELIGIBLE PERIOD
DURING THE TIME FOR WHICH SUCH PERSON IS SEEKING SUCH REIMBURSEMENT.
2. "PROSECUTOR" MEANS A FULL-TIME DISTRICT ATTORNEY, AS DEFINED IN
SUBDIVISION THIRTY-ONE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
3. "INDIGENT DEFENSE ATTORNEY" MEANS AN ATTORNEY WHO IS A FULL-TIME
EMPLOYEE OF ANY OF THE AGENCIES DESIGNATED BY SUBDIVISIONS ONE AND TWO
OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW, AND WHO IS
ENGAGED FULL-TIME IN THE PRACTICE OF CRIMINAL LAW ON BEHALF OF PERSONS
CHARGED WITH A CRIME WHO ARE FINANCIALLY UNABLE TO OBTAIN COUNSEL.
4. "CIVIL LEGAL SERVICES ATTORNEY" MEANS AN ATTORNEY WHO IS AN EMPLOY-
EE OF:
(A) THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING ALL
PUBLIC INSTRUMENTALITIES THEREUNDER, AND WHO IS ENGAGED IN THE FULL-TIME
PRACTICE OF LAW ON BEHALF OF THE STATE OR ANY POLITICAL SUBDIVISION
THEREOF; OR
(B) A NOT-FOR-PROFIT CORPORATION OF THIS STATE THAT IS (I) EXEMPT FROM
THE PAYMENT OF FEDERAL INCOME TAXES PURSUANT TO SECTION 501(C)(3) OF THE
INTERNAL REVENUE CODE, AND (II) ESTABLISHED FOR THE PURPOSE OF PROVIDING
LEGAL SERVICES THAT INCLUDE CIVIL LEGAL SERVICES TO PERSONS WITHIN NEW
YORK STATE WHOSE ANNUAL INCOME DOES NOT EXCEED ONE HUNDRED FIFTY PERCENT
OF THE PREVAILING POVERTY GUIDELINES ISSUED BY THE UNITED STATES DEPART-
MENT OF HEALTH AND HUMAN SERVICES OR ANY SUCCESSOR AGENCY; AND WHO IS
ENGAGED IN THE FULL-TIME PRACTICE OF LAW ON BEHALF OF SUCH PERSONS.
5. "ELIGIBLE PERIOD" MEANS THE SIX-YEAR PERIOD BETWEEN THE COMPLETION
OF THE THIRD YEAR AND BEFORE THE COMMENCEMENT OF THE TENTH YEAR OF
EMPLOYMENT AS A PROSECUTOR AS DEFINED IN SUBDIVISION TWO OF THIS
SECTION, OR INDIGENT DEFENSE ATTORNEY AS DEFINED IN SUBDIVISION THREE OF
THIS SECTION, OR CIVIL LEGAL SERVICES ATTORNEY AS DEFINED IN SUBDIVISION
FOUR OF THIS SECTION. FOR PURPOSES OF THIS ARTICLE, ALL PERIODS OF TIME
DURING WHICH AN ADMITTED ATTORNEY WAS EMPLOYED AS A PROSECUTOR, INDIGENT
DEFENSE ATTORNEY OR CIVIL LEGAL SERVICES ATTORNEY SHALL BE COMBINED.
6. "STUDENT LOAN EXPENSE" MEANS THE TOTAL PAYMENTS IN SATISFACTION OF
THE CUMULATIVE TOTAL OF THE ELIGIBLE ATTORNEY'S OUTSTANDING STUDENT LOAN
DEBT COVERING THE TUITION AND OTHER COSTS OF ATTENDANCE AT A LAW SCHOOL,
INCLUDING INTEREST, REQUIRED TO BE MADE BY THE ELIGIBLE ATTORNEY DURING
A STATE FISCAL YEAR. FOR PURPOSES OF THIS ARTICLE, THE AMOUNT OF THE
STUDENT LOAN EXPENSE SHALL BE REDUCED BY THE TOTAL OF ALL GRANTS, SCHOL-
ARSHIPS, REIMBURSEMENTS, LOAN FORGIVENESS OR SIMILAR REDUCTIONS TO THE
ATTORNEY'S INDEBTEDNESS THAT THE ATTORNEY HAS RECEIVED OR SHALL RECEIVE
IN OR FOR SUCH YEAR.
S 499-B. PROGRAM ADMINISTRATION. THE CHIEF ADMINISTRATOR OF THE COURTS
SHALL ADMINISTER THE PUBLIC INTEREST LEGAL SERVICES LOAN ASSISTANCE
PROGRAM AND SHALL PROMULGATE RULES AND REGULATIONS CONSISTENT WITH THIS
ARTICLE TO GOVERN THE ADMINISTRATION OF SUCH PROGRAM. THE CHIEF ADMINIS-
TRATOR SHALL CREATE AN APPLICATION PROCESS TO DETERMINE ELIGIBILITY FOR
APPLICANTS TO RECEIVE STUDENT LOAN EXPENSE GRANTS PURSUANT TO THIS ARTI-
CLE.
S 499-C. PUBLIC INTEREST LEGAL SERVICES LOAN ASSISTANCE. 1. (A) AN
ELIGIBLE ATTORNEY MAY APPLY, CONSISTENT WITH THIS ARTICLE AND THE RULES
AND REGULATIONS PROMULGATED BY THE CHIEF ADMINISTRATOR, FOR THE
REIMBURSEMENT OF STUDENT LOAN EXPENSE PAYMENTS MADE BY THE ELIGIBLE
ATTORNEY DURING A STATE FISCAL YEAR THAT FALLS COMPLETELY WITHIN THE
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ELIGIBLE PERIOD FOR SUCH ATTORNEY. SUCH APPLICATION SHALL BE FILED AT
SUCH TIME AS THE CHIEF ADMINISTRATOR MAY REQUIRE.
(B) AN ELIGIBLE ATTORNEY, TO RECEIVE REIMBURSEMENT OF A STUDENT LOAN
EXPENSE UNDER THIS ARTICLE, MAY APPLY FOR SUCH REIMBURSEMENT UPON THE
COMPLETION OF THE FIRST YEAR OF HIS OR HER ELIGIBLE PERIOD, AND MAY
APPLY FOR SUCH REIMBURSEMENT ANNUALLY THEREAFTER UPON THE COMPLETION OF
THE SECOND THROUGH SIXTH YEARS OF SUCH ELIGIBLE PERIOD; PROVIDED, HOWEV-
ER, THAT EACH SUCH APPLICATION SHALL BE ONLY FOR HIS OR HER STUDENT LOAN
EXPENSE PAYMENTS DURING THE PREVIOUS STATE FISCAL YEAR.
2. DURING EACH STATE FISCAL YEAR COMMENCING ON OR AFTER APRIL FIRST,
TWO THOUSAND FOURTEEN, THE STATE SHALL APPORTION AND PAY TO EACH ELIGI-
BLE ATTORNEY, PURSUANT TO THIS ARTICLE AND SUBJECT TO THE AVAILABILITY
OF APPROPRIATIONS THEREFOR, AN AMOUNT EQUAL TO THE LESSER OF THE STUDENT
LOAN EXPENSE OF SUCH ELIGIBLE ATTORNEY OR SIX THOUSAND DOLLARS. THE
STATE ASSISTANCE APPORTIONED UNDER THIS SECTION SHALL BE DETERMINED BY
THE CHIEF ADMINISTRATOR AND PAID OUT OF THE PUBLIC INTEREST LEGAL
SERVICES LOAN ASSISTANCE FUND. IN THE EVENT THAT THE MONIES APPROPRIATED
FROM SUCH FUND DURING A STATE FISCAL YEAR FOR PURPOSES OF MAKING ASSIST-
ANCE PAYMENTS ARE NOT SUFFICIENT TO PAY FULLY THE AMOUNTS APPORTIONED
DURING SUCH FISCAL YEAR TO ALL ELIGIBLE ATTORNEYS ENTITLED THERETO, EACH
ELIGIBLE ATTORNEY SHALL BE ENTITLED TO RECEIVE ONLY AN AMOUNT REPRESENT-
ING THE SAME PROPORTION TO THE TOTAL MONIES APPROPRIATED, LESS NECESSARY
ADMINISTRATIVE COSTS, AS THE AMOUNT APPORTIONED TO HIM OR HER BEARS TO
THE TOTAL AMOUNT APPORTIONED TO ALL ELIGIBLE ATTORNEYS FOR SUCH FISCAL
YEAR.
S 6. Subdivision 1 of section 212 of the judiciary law is amended by
adding a new paragraph (w) to read as follows:
(W) ADMINISTER THE PUBLIC INTEREST LEGAL SERVICES LOAN ASSISTANCE
PROGRAM PURSUANT TO ARTICLE FIFTEEN-A OF THIS CHAPTER.
S 7. This act shall take effect September 1, 2015; provided, however,
that the chief administrator of the courts is immediately authorized to
promulgate any rules and regulations necessary to implement the
provisions of this act.