PRIOR PRINTER'S NO. 212                        PRINTER'S NO. 1479

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 198 Session of 1983


        INTRODUCED BY REIBMAN, ROMANELLI, SINGEL, RHOADES, LLOYD,
           STAPLETON, ANDREZESKI AND O'PAKE, FEBRUARY 4, 1983

        SENATOR HESS, EDUCATION, AS AMENDED, NOVEMBER 16, 1983

                                     AN ACT

     1  Amending the act of August 7, 1963 (P.L.549, No.290), entitled,   <--
     2     as amended, "An act creating the Pennsylvania Higher
     3     Education Assistance Agency; defining its powers and duties;
     4     conferring powers and imposing duties on the Governor,
     5     President Pro Tempore of the Senate, Speaker of the House of
     6     Representatives, Superintendent of Public Instruction and the
     7     Department of Auditor General; and making appropriations,"
     8     authorizing loan forgiveness for certain science and
     9     mathematics teachers.

    10     The General Assembly hereby finds and declares that:
    11         (1)  There is growing evidence that there is a shortage
    12     in the number of individuals training to become science and
    13     mathematics teachers in the Commonwealth system of basic
    14     education.
    15         (2)  Historically, partial forgiveness of student loan
    16     indebtedness has served as an appropriate and effective
    17     vehicle for attracting students to areas in which there is
    18     great need.
    19         (3)  Inasmuch as it would enhance the economic
    20     development of the Commonwealth, a policy of partial loan
    21     forgiveness for individuals preparing for careers as science

     1     or mathematics educators on the elementary or secondary level
     2     would be in the public interest.
     3  AMENDING THE ACT OF AUGUST 7, 1963 (P.L.549, NO.290), ENTITLED,   <--
     4     AS AMENDED, "AN ACT CREATING THE PENNSYLVANIA HIGHER
     5     EDUCATION ASSISTANCE AGENCY; DEFINING ITS POWERS AND DUTIES;
     6     CONFERRING POWERS AND IMPOSING DUTIES ON THE GOVERNOR,
     7     PRESIDENT PRO TEMPORE OF THE SENATE, SPEAKER OF THE HOUSE OF
     8     REPRESENTATIVES, SUPERINTENDENT OF PUBLIC INSTRUCTION AND THE
     9     DEPARTMENT OF AUDITOR GENERAL; AND MAKING APPROPRIATIONS,"
    10     CLARIFYING AUTHORITY OF THE BOARD OF DIRECTORS TO ESTABLISH
    11     THE RATE OF INTEREST ON CERTAIN STUDENT LOANS.
    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  The act of August 7, 1963 (P.L.549, No.290),       <--
    15  referred to as the Pennsylvania Higher Education Assistance
    16  Agency Act, is amended by adding a section to read:
    17     Section 4.4.  Loan Forgiveness.--Pursuant to section
    18  4(1.1)(iii), the board shall adopt a policy of and appropriate
    19  procedures for granting partial forgiveness for loan recipients
    20  who are employed as science and mathematics teachers in the
    21  public school system of the Commonwealth.
    22     Section 2.  This act shall take effect immediately.
    23     SECTION 1.  SECTION 4(1) OF THE ACT OF AUGUST 7, 1963          <--
    24  (P.L.549, NO.290), KNOWN AS THE PENNSYLVANIA HIGHER EDUCATION
    25  ASSISTANCE AGENCY ACT, AMENDED DECEMBER 29, 1982 (P.L.1450,
    26  NO.330), IS AMENDED TO READ:
    27     SECTION 4.  POWERS AND DUTIES.--IN FURTHERANCE OF THE
    28  PURPOSES SET FORTH IN THIS ACT, THE BOARD OF DIRECTORS SHALL
    29  HAVE THE FOLLOWING POWERS:
    30     (1)  TO MAKE, GUARANTEE, UNDERTAKE COMMITMENTS TO MAKE OR
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     1  ACQUIRE AND PARTICIPATE WITH LENDING OR POSTSECONDARY
     2  INSTITUTIONS IN THE MAKING OF LOANS, SERVICE OR OTHERWISE
     3  PROVIDE LOANS OF MONEY UPON SUCH TERMS AND CONDITIONS AS THE
     4  BOARD MAY PRESCRIBE WITHIN THE LIMITATIONS CONTAINED HEREIN OR
     5  APPLICABLE FEDERAL LAW, AT SUCH RATES OF INTEREST AS ARE
     6  DETERMINED BY THE AGENCY, TO LENDERS, POSTSECONDARY INSTITUTIONS
     7  AND TO PERSONS WHO ARE RESIDENTS OF THIS STATE AND WHO PLAN TO
     8  ATTEND OR ARE ATTENDING ANY APPROVED INSTITUTION OF HIGHER
     9  EDUCATION ELIGIBLE UNDER THIS ACT OR APPLICABLE FEDERAL LAW, IN
    10  THIS STATE OR ELSEWHERE TO ASSIST THEM IN MEETING THEIR EXPENSES
    11  OF HIGHER EDUCATION. NO SUCH PERSON SHALL RECEIVE ANY LOAN OR
    12  LOAN GUARANTEE IN EXCESS OF ANNUAL AND MAXIMUM LIMITS AS
    13  ESTABLISHED BY THE BOARD OF DIRECTORS OR IN COMPLIANCE WITH
    14  LIMITS ESTABLISHED FOR LOANS FUNDED, GUARANTEED OR REINSURED
    15  UNDER FEDERAL LAWS. SUCH LOANS OR LOAN GUARANTEES SHALL BECOME
    16  DUE AND PAYABLE AT THE DIRECTION OF THE BOARD OF DIRECTORS.
    17  LOANS MADE OR GUARANTEED BY THE AGENCY SHALL NOT BE SUBJECT TO
    18  THE PROVISIONS OF THE ACT OF JANUARY 30, 1974 (P.L.13, NO.6),
    19  REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, OR TO ANY
    20  OTHER LAW WHICH ESTABLISHES A MAXIMUM INTEREST RATE WHICH MAY BE
    21  CHARGED THEREON. THE BOARD OF DIRECTORS OF THE AGENCY SHALL HAVE
    22  THE SOLE AUTHORITY AND DISCRETION TO ESTABLISH THE MAXIMUM
    23  INTEREST RATES ON ALL LOANS MADE OR GUARANTEED BY THE AGENCY.
    24     * * *
    25     SECTION 2.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.




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