Section 326-B. Fund established; participation; other provisions


Latest version.
  • 1. There
      is hereby established in the joint custody of the commissioner  and  the
      comptroller the equipment loan fund for the disabled.
        2.  Participation  in  the  loan  of  the  monies of the fund shall be
      available to all disabled persons on the  basis  of  need,  pursuant  to
      regulations of the commissioner.
        3.  The  loan  fund  shall  provide  the  disabled  with the financial
      opportunity to purchase or replace essential equipment used by them  for
      daily   living   or  vocational  functioning  following  rehabilitation,
      including,  but  not  limited  to,   prosthesis,   ramps,   wheelchairs,
      wheelchair van lifts, telecommunication devices for the deaf and hearing
      impaired, devices which allow persons who are blind or visually impaired
      to discern printed materials and adaptive equipment to permit a disabled
      person to operate a motor vehicle but not to purchase or replace a motor
      vehicle itself.
        4.  Loans shall be made available directly to the disabled person, the
      parent, legal guardian, or individual with  whom  such  disabled  person
      resides.
        5.  Where any equipment purchase is approved by the department, a loan
      shall be made in an amount not  to  exceed  four  thousand  dollars  per
      applicant.
        6.  The  commissioner shall establish regulations governing payment of
      interest, repayment periods, certification and approval of purchase, and
      such other orders,  rules  and  regulations  as  may  be  necessary  for
      interpretations, implementation or administration of this article.
        7.  During  the  first  three  years  of  operation  of  the fund, the
      department shall submit to  the  governor  and  legislature  annually  a
      summary  report  setting  forth such information as the department deems
      relevant to monitor and evaluate the progress of the fund.
        8. The fund shall consist of all monies appropriated for  the  purpose
      of  such  fund, all monies transferred to such fund pursuant to law, all
      monies required by the provisions of this section or any other law to be
      paid into or credited to this fund, and all monies, including  interest,
      paid by borrowers to the fund in repayment of loans made from the fund.
        9. Monies of the fund following appropriations made by the legislature
      and  allocation  by  the  director  of  the budget to the fund, shall be
      available solely for the purpose  of  enabling  eligible  applicants  to
      borrow  money  at  less  than  the  prevailing  rates  of  interest  for
      comparable loans.
        10. When used in this article, the term "disabled" shall mean a person
      having a disability as so defined in section two hundred  ninety-two  of
      the executive law.