NY State Senate Bill 2021-S1176

Senate Bill S1176

2021-2022 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

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Archive: Last Bill Status - In Senate Committee Higher Education 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to higher education
Jan 07, 2021	referred to higher education

co-Sponsors

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2021-S1176 (ACTIVE) - Details

See Assembly Version of this Bill:: A5720
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §679-e, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6668, A8644
2023-2024: S4511, A1568

2021-S1176 (ACTIVE) - Summary

2021-S1176 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1176

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.

2021-S1176 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1176
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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  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.

                                                            LBD05051-01-1

 S. 1176                             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, 2022.  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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