NY State Senate Bill 2019-S6668

Senate Bill S6668

2019-2020 Legislative Session

Expands the eligibility period for indigent legal service attorneys to receive certain loan forgiveness and increases loan reimbursement for certain attorneys who work in legal services with indigent clients

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2020	reported and committed to finance
Jan 08, 2020	referred to higher education
Aug 23, 2019	referred to rules

Votes

- Mar 3, 2020 - Higher Education Committee Vote
  S6668
  
  8
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: Mar 3, 2020
      
      aye (8)
      
      Breslin
      
      Gaughran
      
      Gounardes
      
      Jackson
      
      May
      
      Robach
      
      Serrano
      
      Stavisky
      
      aye wr (3)
      
      Amedore
      
      LaValle
      
      Seward

co-Sponsors

View additional co-sponsors

2019-S6668 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Education Law
Laws Affected:: Amd §679-e, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1176
2023-2024: S4511

2019-S6668 (ACTIVE) - Summary

2019-S6668 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6668

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the education law, in relation to the
New York state district attorney and indigent legal services attorney
loan forgiveness program

 
PURPOSE OR GENERAL IDEA OF BILL::

This bill would increase student loan forgiveness for district attor-
neys, public defenders, and indigent civil legal services attorneys.

 
SUMMARY OF PROVISIONS::

Expands the eligibility period for indigent legal service attorneys to
receive certain loan forgiveness and increases loan reimbursement for
certain attorneys who work in legal services with indigent clients.

 
JUSTIFICATION::

Public defenders, district attorneys, and indigent legal service attor-
neys such as housing and immigration attorneys, provide vital services
to their communities. However, since the inception of the District
Attorney and Indigent Legal Service Attorney Loan Forgiveness Program in
2009, law school tuition has grown dramatically, and law school debt
increased by 43% at public schools, and by 34% at private schools. As a
result, the attrition rates for these public servants are particularly
high, and debt loads drive indigent legal service attorneys and assist-
ant district attorneys to more profitable positions in government or at
private firms. As a result of the high rate of attrition, low-income New
Yorkers are deprived of experienced and talented representation.

Increasing the student loan forgiveness award from $3,400 per annum to
$5,500 per annum will help alleviate debt burdens, and it will allow
public interest attorneys to continue working for their communities.
Similarly, decreasing the wait-time for attorneys to access the award
from three years to two years will help attract talented law students to
the profession. This is crucial for many rural counties, where there are
shortages of indigent legal services attorneys. Further, as people of
color and other underrepresented groups have disproportionately high
student debt burdens, this debt relief will enable diverse populations
to pursue careers in indigent legal services. While the cost of this
program is minimal, it will have a profound impact on legal represen-
tation for communities.

 
PRIOR LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS::

To be determined.

 
EFFECTIVE DATE::

This act shall take effect April 1, 2020. 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.

2019-S6668 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6668
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              August 23, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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. Paragraph b of subdivision 2 of section 679-e of the educa-
 tion  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]  SEVEN-YEAR  period  after
 completion of the [third] SECOND 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 prosecuting [or] AGENCY, criminal defense agency, AND/OR
 NON-PROFIT INDIGENT CIVIL LEGAL SERVICES  CORPORATION  as  permitted  by
 section four hundred eighty-four of the judiciary law shall be combined.
   §  2.  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,  AND/OR  NON-PROFIT INDIGENT CIVIL LEGAL SERVICES CORPORATION 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13472-02-9

 S. 6668                             2
 
 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.  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]  FIVE THOUSAND FIVE HUNDRED dollars, per qualifying year,
 subject to appropriations available therefor. The president  may  estab-
 lish: (i) an application deadline and (ii) a method of selecting recipi-
 ents  if  in  any  given  year there are insufficient funds to cover the
 needs of all the applicants.  Awards shall be within the amounts  appro-
 priated for such purpose and based on availability of funds.
   §  4.  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 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] SEVEN years of qualified service within an eligible period.
   § 5. This act shall take effect April 1, 2020.  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.

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