Senate
Study
Bill
3126
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
QUIRMBACH)
A
BILL
FOR
An
Act
establishing
a
legal
aid
attorney
loan
forgiveness
1
program
to
be
administered
by
the
college
student
aid
2
commission.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
261.2,
subsection
8,
Code
2014,
is
1
amended
to
read
as
follows:
2
8.
Submit
by
January
15
annually
a
report
to
the
general
3
assembly
which
provides,
by
program,
the
number
of
individuals
4
who
received
loan
forgiveness
in
the
previous
fiscal
year,
5
the
amount
paid
to
individuals
under
sections
261.23
,
261.73
,
6
and
261.112
,
and
261.131,
and
the
institutions
from
which
7
individuals
graduated,
and
that
includes
any
proposed
statutory
8
changes
and
the
commission’s
findings
and
recommendations.
9
Sec.
2.
NEW
SECTION
.
261.131
Legal
aid
attorney
loan
10
forgiveness
program.
11
1.
For
purposes
of
this
section,
unless
the
context
12
otherwise
requires:
13
a.
“Legal
aid
agency”
means
a
not-for-profit
legal
aid
14
agency
whose
primary
purpose
is
to
provide
legal
representation
15
to
low-income
persons
in
Iowa
and
which
is
exempt
from
taxation
16
under
section
501(c)(3)
of
the
Internal
Revenue
Code.
17
b.
“Legal
aid
attorney”
means
a
licensed
attorney
who
is
18
employed
by
a
legal
aid
agency
in
this
state.
19
2.
A
legal
aid
attorney
loan
forgiveness
program
is
20
established
to
be
administered
by
the
commission.
The
program
21
shall
consist
of
loan
forgiveness
for
eligible
federally
22
guaranteed
loans
for
licensed
attorneys
who
practice
at
a
legal
23
aid
agency
in
this
state.
24
3.
Each
applicant
for
loan
forgiveness
shall,
in
accordance
25
with
the
rules
of
the
commission,
do
the
following:
26
a.
Complete
and
file
an
application
for
legal
aid
attorney
27
loan
forgiveness.
The
individual
shall
be
responsible
for
28
the
prompt
submission
of
any
information
required
by
the
29
commission.
30
b.
File
a
new
application
and
submit
information
as
31
required
by
the
commission
annually
on
the
basis
of
which
the
32
applicant’s
eligibility
for
the
renewed
loan
forgiveness
will
33
be
evaluated
and
determined.
34
c.
Complete
and
return,
on
a
form
approved
by
the
35
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commission,
an
affidavit
of
practice
verifying
that
the
1
applicant
meets
the
eligibility
requirements
of
subsection
2.
2
4.
The
annual
amount
of
legal
aid
attorney
loan
forgiveness
3
shall
not
exceed
the
resident
tuition
rate
established
for
4
the
state
university
of
Iowa
college
of
law
by
the
state
5
board
of
regents
for
the
first
year
following
the
legal
aid
6
attorney’s
graduation
from
law
school,
or
ten
percent
of
the
7
legal
aid
attorney’s
total
federally
guaranteed
Stafford
loan
8
amount
under
the
federal
family
education
loan
program
or
the
9
federal
direct
loan
program,
including
principal
and
interest,
10
whichever
amount
is
less.
A
legal
aid
attorney
shall
be
11
eligible
for
the
loan
forgiveness
program
for
not
more
than
ten
12
consecutive
years.
13
5.
The
commission
shall
develop
criteria
for
prioritization
14
among
eligible
applicants
if
there
are
insufficient
funds
15
available
to
award
loan
forgiveness
to
all
eligible
applicants
16
under
the
program.
The
criteria
shall
include
the
timeliness
17
of
the
applicant’s
application,
the
applicant’s
salary
level,
18
the
amount
of
the
applicant’s
eligible
debt,
the
availability
19
of
other
loan
repayment
assistance
to
the
applicant,
the
20
monthly
payment
on
the
applicant’s
eligible
debt,
the
21
applicant’s
length
of
service
as
a
legal
aid
attorney,
and
the
22
applicant’s
prior
participation
in
the
program.
23
6.
A
legal
aid
attorney
loan
forgiveness
repayment
fund
24
is
created
for
deposit
of
moneys
appropriated
to
or
received
25
by
the
commission
for
use
under
the
program.
Notwithstanding
26
section
8.33,
moneys
deposited
in
the
fund
shall
not
revert
27
to
any
fund
of
the
state
at
the
end
of
any
fiscal
year
but
28
shall
remain
in
the
loan
forgiveness
repayment
fund
and
be
29
continuously
available
for
loan
forgiveness
under
the
program.
30
Notwithstanding
section
12C.7,
subsection
2,
interest
or
31
earnings
on
moneys
deposited
in
the
fund
shall
be
credited
to
32
the
fund.
33
7.
The
commission
shall
submit
in
a
report
to
the
general
34
assembly
by
January
1,
annually,
the
number
of
individuals
35
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who
received
loan
forgiveness
pursuant
to
this
section,
where
1
the
participants
practiced,
the
amount
paid
to
each
program
2
participant,
and
other
information
identified
by
the
commission
3
as
indicators
of
outcomes
from
the
program.
4
8.
The
commission
shall
adopt
rules
to
administer
this
5
section.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
establishes
a
legal
aid
attorney
loan
forgiveness
10
program
to
be
administered
by
the
college
student
aid
11
commission.
The
program
is
to
consist
of
loan
forgiveness
for
12
eligible
federally
guaranteed
loans
for
licensed
attorneys
who
13
practice
at
a
legal
aid
agency
in
this
state.
14
The
bill
defines
“legal
aid
agency”
as
a
not-for-profit
15
legal
aid
agency
whose
primary
purpose
is
to
provide
legal
16
representation
to
low-income
persons
in
Iowa
and
which
is
17
exempt
from
taxation
under
section
501(c)(3)
of
the
Internal
18
Revenue
Code.
The
bill
defines
“legal
aid
attorney”
as
a
19
licensed
attorney
who
is
employed
by
a
legal
aid
agency
in
this
20
state.
21
The
bill
requires
each
applicant
for
loan
forgiveness
22
to
file
an
application
for
loan
forgiveness,
file
a
new
23
application
annually
for
renewed
loan
forgiveness,
and
return
24
an
affidavit
of
practice
verifying
that
the
applicant
meets
the
25
eligibility
requirements
of
the
program.
26
The
annual
amount
of
loan
forgiveness
cannot
exceed
the
27
resident
tuition
rate
established
for
the
state
university
28
of
Iowa
college
of
law
by
the
state
board
of
regents
for
the
29
first
year
following
the
legal
aid
attorney’s
graduation
from
30
law
school,
or
10
percent
of
the
legal
aid
attorney’s
total
31
federally
guaranteed
Stafford
loan
amount,
including
principal
32
and
interest,
whichever
amount
is
less.
A
legal
aid
attorney
33
cannot
be
eligible
for
the
loan
forgiveness
program
for
more
34
than
10
consecutive
years.
35
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The
bill
requires
the
commission
to
develop
criteria
1
for
prioritization
among
eligible
applicants
if
there
are
2
insufficient
funds
available
to
award
loan
forgiveness
to
3
all
eligible
applicants
under
the
program.
The
criteria
4
must
include
the
timeliness
of
the
applicant’s
application,
5
the
applicant’s
salary
level,
the
amount
of
the
applicant’s
6
eligible
debt,
the
availability
of
other
loan
repayment
7
assistance
to
the
applicant,
the
monthly
payment
on
the
8
applicant’s
eligible
debt,
the
applicant’s
length
of
service
as
9
a
legal
aid
attorney,
and
the
applicant’s
prior
participation
10
in
the
program.
11
The
bill
creates
a
legal
aid
attorney
loan
forgiveness
12
repayment
fund
for
deposit
of
moneys
appropriated
to
or
13
received
by
the
commission
for
use
under
the
program.
14
The
bill
requires
the
commission
to
submit
in
a
report
15
to
the
general
assembly
by
January
1,
annually,
the
number
16
of
individuals
who
received
loan
forgiveness
pursuant
to
the
17
bill,
where
the
participants
practiced,
the
amount
paid
to
each
18
program
participant,
and
other
information
identified
by
the
19
commission
as
indicators
of
outcomes
from
the
program.
20
The
bill
requires
the
commission
to
adopt
rules
to
21
administer
the
bill.
22
The
bill
adds
the
program
to
the
commission’s
ongoing
23
reporting
requirements
for
loan
forgiveness
programs.
24
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