PRINTER'S NO. 1072
No. 860 Session of 2007
INTRODUCED BY GREENLEAF, COSTA, M. WHITE, RAFFERTY, BROWNE,
ORIE, O'PAKE, KASUNIC, LOGAN, WASHINGTON AND KITCHEN,
MAY 31, 2007
REFERRED TO JUDICIARY, MAY 31, 2007
AN ACT
1 Establishing the Public Service Lawyers Loan Repayment
2 Assistance Program to provide repayment assistance to
3 qualified applicants employed by eligible organizations; and
4 providing for the powers and duties of Pennsylvania Higher
5 Education Assistance Agency.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Public
10 Service Lawyers Loan Repayment Assistance Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Agency." The Pennsylvania Higher Education Assistance
16 Agency.
17 "Eligible organization." One of the following organizations
18 that is eligible to participate in the program:
19 (1) An organization that is incorporated in this
1 Commonwealth, exempt from Federal taxes under section
2 501(c)(3), or any successor provision of the Internal Revenue
3 Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)),
4 which operates within this Commonwealth for the primary
5 purpose of providing civil legal services without charge; and
6 which operates to provide such civil legal services to
7 eligible clients and victims of abuse under contract or
8 subcontract with the Department of Public Welfare for the
9 expenditure of funds appropriated by the General Assembly for
10 the provision of legal services.
11 (2) An organization that is incorporated in this
12 Commonwealth, exempt from Federal taxes under section
13 501(c)(3), or any successor provision of the Internal Revenue
14 Code of 1986, that is eligible for grants from the
15 Pennsylvania Interest on Lawyers Trust Account Board or a
16 State or local county bar foundation and has the primary
17 purpose of providing civil legal services without charge for
18 indigent and disadvantaged persons.
19 (3) An agency of the State or local government or an
20 organization that is incorporated in this Commonwealth,
21 exempt from Federal taxes under section 501(c)(3), or any
22 successor provisions of the Internal Revenue Code of 1986,
23 whose primary mission is to prosecute criminal defendants or
24 to provide legal assistance for indigent criminal defendants.
25 "Program." The Public Service Lawyers Loan Repayment
26 Assistance Program established under section 3.
27 "Qualified applicant." A resident of this Commonwealth who
28 is a law school graduate and who has been hired and is employed
29 by an eligible organization.
30 "Repayment assistance." Includes a payment to assist with or
20070S0860B1072 - 2 -
1 the forgiveness of a proportional part of a qualified
2 applicant's student loan so that the loan may be partially or
3 entirely paid off or forgiven.
4 Section 3. Public Service Lawyers Loan Repayment Assistance
5 Program.
6 (a) Establishment.--The Public Service Lawyers Loan
7 Repayment Assistance Program is hereby established. The agency
8 shall administer the program.
9 (b) Nature of program.--For each year that a qualified
10 applicant is employed by an eligible organization, the agency
11 may provide repayment assistance.
12 (c) Payments.--Based on the amount of funding available, the
13 agency shall determine the amount of repayment assistance to be
14 provided in any one year to each qualified applicant. The agency
15 also shall determine the amount of repayment assistance that may
16 be provided in total over the lifetime of any one qualified
17 applicant. The agency shall establish procedures for making
18 repayment assistance to qualified applicants.
19 Section 4. Qualifications for repayment assistance awards.
20 (a) Application.--The agency shall establish procedures for
21 qualified applicants to apply and be approved for participation
22 in the program.
23 (b) Employment.--A recipient of repayment assistance must be
24 an employee of an eligible organization and maintain
25 satisfactory employment with the eligible organization.
26 (c) Documentation.--The agency may require qualified
27 applicants who participate in the program to submit
28 documentation in order to maintain continued eligibility for the
29 program.
30 Section 5. Funding.
20070S0860B1072 - 3 -
1 (a) Sources of funding for awards.--Repayment assistance
2 under this act may be made to the extent that funds are
3 appropriated by the General Assembly or made available from
4 other sources for this purpose.
5 (b) Limitation.--Funds appropriated by the General Assembly
6 shall be used solely for qualified applicants employed by
7 eligible organizations.
8 Section 6. Regulations.
9 The agency shall adopt regulations, policies and procedures
10 as are necessary to carry out the provisions of this act.
11 Section 7. Effective date.
12 This act shall take effect in 60 days.
E3L24DMS/20070S0860B1072 - 4 -