S266-2013 - NY Senate Open Legislation - Defines "severely and permanently disabled" for purposes of state scholarships and education loans

Defines "severely and permanently disabled" for purposes of state scholarships and education loans.

Sponsor: LARKIN
Law Section: Education Law / Law: Amd S601, Ed L

S266-2013 Actions

Apr 22, 2013: ADVANCED TO THIRD READING
Apr 17, 2013: 2ND REPORT CAL.
Apr 16, 2013: 1ST REPORT CAL.317
Jan 9, 2013: REFERRED TO HIGHER EDUCATION

S266-2013 Meetings

Higher Education: Apr 16, 2013

S266-2013 Calendars

Floor Calendar: Apr 17, 2013 , Floor Calendar: Apr 22, 2013 , Floor Calendar: Apr 23, 2013 , Floor Calendar: Apr 24, 2013 , Floor Calendar: Apr 29, 2013 , Floor Calendar: Apr 30, 2013 , Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013 , Floor Calendar: May 7, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013

S266-2013 Votes

VOTE: COMMITTEE VOTE: - Higher Education - Apr 16, 2013

Ayes (19): LaValle, Flanagan, Gallivan, Griffo, Grisanti, Maziarz, Ritchie, Robach, Savino, Seward, Valesky, Zeldin, Stavisky, Kennedy, Krueger, Parker, Rivera, Serrano, Espaillat

S266-2013 Memo

BILL NUMBER:S266

TITLE OF BILL:
An act
to amend the education law, in relation to the definition of severely and
permanently disabled for purposes of eligibility for certain
scholarships and loans

PURPOSE:
This legislation would permit a severely and permanently disabled
person to be eligible for the World Trade Center Memorial Scholarship
and Military enhanced recognition, incentive and tribute ("MERIT")
scholarships despite whether such person is able to engage in a
part-time occupation.

SUMMARY OF PROVISIONS:
Section 1: Defines "severely and permanently" disabled, as referenced
in sections 604, 608, 608-a, 668-b, 668-d, and 668-e, as a person who
has one or more impairments, disabilities or conditions which are
permanent in nature, as certified by a licensed physician, and which
are of such a nature as to prevent such person from engaging
full-time employment, for remuneration, for thirty-five hours or
more a week outside of such person's home.

Section 2: Effective Date

EXISTING LAW:
Currently, the Education Law does not define what it means to be
severely and permanently disabled for the purposes of receiving the
World Trade Center Memorial Scholarship and Military enhanced
recognition, incentive and tribute ("MERIT") scholarships. However,
HESC has construed these terms to mean that the victim is unable to
engage in any occupation.

JUSTIFICATION:
Currently, the Higher Education Services Corporation defines severely
and permanently disabled as the victim is unable to engage in any
occupation (including part time or light duty).

This definition prohibits victims from being eligible for the World
Trade Center Memorial and "MERIT" scholarships should they find a way
to keep working after they have suffered a severe and permanent
disability. For instance, under HESC's definition, a person who is
70% disabled due to health effects from World Trade Center exposure
would not be eligible for the WTC Memorial Scholarship if they were
able to do part-time work from home.
This legislation would ensure that victims are not prohibited from
being eligible for these scholarships and loans because they make a
determined effort to keep working after they suffer their injuries.

LEGISLATIVE HISTORY:
2012: S.6985 - Advanced to Third Reading

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect immediately.

S266-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                           266
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  LARKIN -- 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  definition  of
 severely  and  permanently  disabled  for  purposes of eligibility for
 certain scholarships and loans
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 601 of the education law is amended by adding a new
 subdivision 8 to read as follows:

 8.  "SEVERELY AND PERMANENTLY DISABLED", AS REFERENCED IN SECTIONS SIX
 HUNDRED FOUR, SIX  HUNDRED  EIGHT,  SIX  HUNDRED  EIGHT-A,  SIX  HUNDRED
 SIXTY-EIGHT-B,  SIX  HUNDRED SIXTY-EIGHT-D AND SIX HUNDRED SIXTY-EIGHT-E
 OF THIS TITLE, SHALL MEAN A PERSON HAS ONE OR MORE IMPAIRMENTS, DISABIL
 ITIES OR CONDITIONS WHICH ARE PERMANENT IN NATURE,  AS  CERTIFIED  BY  A
 LICENSED  PHYSICIAN,  AND  WHICH ARE OF SUCH A NATURE AS TO PREVENT SUCH
 PERSON FROM ENGAGING IN  FULL-TIME  EMPLOYMENT,  FOR  REMUNERATION,  FOR
 THIRTY-FIVE HOURS OR MORE A WEEK OUTSIDE OF SUCH PERSON'S HOME.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01371-01-3

S266-2013: Defines "severely and permanently disabled" for purposes of state scholarships and education loans