Public Act 096-0615
 		





SB0266 Enrolled
LRB096 03115 NHT 13131 b






    AN ACT concerning education.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 1. Short title. This Act may be cited as the Public 
Interest Attorney Assistance Act.
 
    Section 5. Legislative findings. The General Assembly 
finds the following:
        (1)  Equal access to justice is a basic right that is 
    fundamental to democracy in this State, and the integrity 
    of this State and this State's justice system depends on 
    protecting and enforcing the rights of all people and 
    quality enforcement of the laws of this State.
        (2)  Equal access to justice and quality enforcement of 
    State laws are integral parts  of the general public 
    welfare.
        (3)  Vulnerable  and disadvantaged citizens of this 
    State are unable to protect or enforce their rights without 
    legal assistance from public interest attorneys.
        (4)  Graduating law students and practicing attorneys 
    are increasingly unable to continue in public interest 
    attorney positions because of high student loan debt.
        (5)  Assisting public interest attorneys with loan 
    forgiveness is a major step toward ensuring quality legal  
    representation for this State's most vulnerable citizens 
    and quality enforcement of State law.
        (6)  The collection and distribution of funds under this 
    Act promotes justice and is in the public interest.
        (7)  The use of funds for the purposes prescribed by 
    this Act are in the public interest and consistent with 
    providing equal access to justice and quality enforcement 
    of State law.
 
    Section 10. Purpose. The purpose of this Act is to 
encourage qualified individuals to enter into and continue in 
employment in this State as assistant State's Attorneys, 
assistant Public Defenders, civil legal aid attorneys, 
assistant Attorneys General, assistant public guardians, IGAC  
attorneys, and legislative attorneys in a manner that protects 
the rights of this State's most vulnerable citizens or promotes 
the quality enforcement of State law.
 
    Section 15. Definitions. For the purposes of this Act:
    "Assistant State's Attorney" means a full-time employee of 
a State's Attorney in Illinois or the State's Attorneys 
Appellate Prosecutor  who is continually licensed to practice 
law and prosecutes or defends cases on behalf of the State or a 
county.
    "Assistant Attorney General" means a full-time employee of 
the Illinois Attorney General who is continually licensed to 
practice law and prosecutes or defends cases on behalf of the 
State.
    "Assistant Public Defender" means a full-time employee of a 
Public Defender in Illinois or the State Appellate Defender who 
is continually licensed to practice law and provides legal 
representation to indigent persons, as provided by statute.
    "Assistant public guardian" means a full-time employee of a 
public guardian in Illinois who is continually licensed to 
practice law and provides legal representation pursuant to 
court appointment.
    "Civil legal aid" means free or reduced-cost legal 
representation or advice to low-income clients in non-criminal 
matters.
    "Civil legal aid attorney" means an attorney who is 
continually licensed to practice law and is employed full time 
as an attorney at a civil legal aid organization in Illinois.
    "Civil legal aid organization" means a not-for-profit 
corporation in Illinois that (i) is exempt from the payment of 
federal income tax pursuant to Section 501(c)(3) of the 
Internal Revenue Code, (ii) is established for the purpose of 
providing legal services that include civil legal aid, (iii) 
employs 2 or more full-time attorneys who are licensed to 
practice law in this State and who directly provide civil legal 
aid, and (iv)  is in compliance with registration and filing 
requirements that are applicable under the Charitable Trust Act 
and the Solicitation for Charity Act.
    "Commission" means the Illinois Student Assistance 
Commission.
    "Committee" means the advisory committee created under 
Section 20 of this Act.
    "Eligible debt" means outstanding principal, interest, and 
related fees  from loans obtained for undergraduate, graduate, 
or law school educational expenses made by government or 
commercial lending institutions or educational institutions. 
"Eligible debt" excludes loans made by a private individual or 
family member.
    "IGAC attorney" means a full-time employee of the Illinois 
Guardianship and Advocacy Commission, including the Office of 
State Guardian, the Legal Advocacy Service, and the Human 
Rights Authority, who is continually licensed to practice law 
and provides legal representation to carry out the 
responsibilities of the Illinois Guardianship and Advocacy 
Commission.
    "Legislative attorney" means a full-time employee of the 
Illinois Senate, the Illinois House of Representatives, or the 
Illinois Legislative Reference Bureau who is continually 
licensed to practice law and provides legal advice to members 
of the General Assembly.
    "Program" means the Public Interest Attorney Loan 
Repayment Assistance Program.
    "Public interest attorney" means an attorney practicing in 
Illinois  who is an assistant State's Attorney, assistant Public 
Defender, civil legal aid attorney, assistant Attorney 
General, assistant public guardian, IGAC attorney, or 
legislative attorney.
    "Qualifying employer" means (i) an Illinois  State's 
Attorney or the State's Attorneys Appellate Prosecutor, (ii) an 
Illinois Public Defender or the State Appellate Defender, (iii) 
an Illinois  civil legal aid organization, (iv) the Illinois  
Attorney General, (v) an Illinois  public guardian, (vi) the 
Illinois Guardianship and Advocacy Commission, (vii) the 
Illinois Senate, (viii) the Illinois House of Representatives, 
or (ix) the Illinois Legislative Reference Bureau.
 
    Section 20. Public Interest Attorney Loan Repayment 
Assistance Program.   
    (a)   The Commission  shall establish and administer the 
Program  for the primary purpose of providing loan repayment 
assistance to practicing attorneys to encourage them to pursue 
careers as public interest attorneys to protect the rights of 
this State's most vulnerable citizens or provide quality 
enforcement of State law. The Commission shall create an 
advisory committee composed of representatives from 
organizations with relevant expertise, including one person 
from each of the following entities:
        (1)  The Illinois State's Attorneys Association.
        (2)  An office of an Illinois Public Defender. 
        (3)  An office of an Illinois public guardian.
        (4)  The Office of the Illinois Attorney General. 
        (5)  An Illinois metropolitan bar association.
        (6)  An Illinois statewide bar association.
        (7)  A public law school in this State. 
    (b)   The Public Interest Attorney Loan Repayment Assistance 
Fund is created as a special fund in the State treasury. The 
Fund shall consist of all moneys remitted to the Commission  
under the terms of this Act. All money in the Fund shall be 
used, subject to appropriation, by the Commission for the 
purposes of this Act.  
    (c)   Subject to the availability of appropriations  and 
subsections (d) and (e) of this Section, the Commission  shall 
distribute funds to eligible applicants.
    (d)    The Commission  is authorized to prescribe all rules, 
policies, and procedures necessary or convenient for the 
administration of the Program and all terms and conditions 
applicable to payments made under this Act. This shall be done 
with the guidance and assistance of the Committee.
    (e)  The Commission shall administer the Program, 
including, but not limited to, establishing and implementing 
the following:
        (1)   An application process. Subject to the 
    availability of appropriations, the Commission  shall, each 
    year, consider applications by eligible public interest 
    attorneys for loan repayment assistance under the Program.
        (2)   Eligibility requirements. The Commission shall, on 
    an annual basis, receive and consider applications for loan 
    repayment assistance under the Program if the Commission 
    finds that the applicant:
            (i) is a citizen or permanent resident of the 
        United States;
            (ii) is a licensed member of the Illinois Bar in 
        good standing;
            (iii) has eligible debt in grace or repayment 
        status; and
            (iv) is employed as a public interest attorney with 
        a qualifying employer in Illinois.
        (3)   A maximum amount of loan repayment assistance for 
    each participant, which shall be $6,000 per year, up to a 
    maximum of $30,000 during the participant's career.
        (4)   Prioritization.  The Commission  shall develop 
    criteria for prioritization among eligible applicants in 
    the event that there are insufficient funds available to 
    make payments to all eligible applicants under this Act.  
    The prioritization criteria shall  include the timeliness 
    of the application,  the applicant's salary level, the 
    amount of the applicant's eligible debt, the availability 
    of other loan repayment assistance to the applicant, the 
    applicant's length of service as a public interest 
    attorney, and the applicant's prior participation in the 
    Program.
    (f)   The distribution of funds available after 
administrative costs must be made by the Commission  to eligible 
public interest attorneys in the following manner:
        (1)    Loan repayment assistance must be in the form of a 
    forgivable loan.
        (2)    To have the loan forgiven, the participant shall 
    (i) complete a year of employment with a qualifying 
    employer and (ii) make educational debt payments (interest 
    or principal or both) that equal at least the amount of 
    assistance received under the Program during the 
    assistance year.
        (3)    Each loan must be documented by means of a 
    promissory note executed by the borrower in a form provided 
    by the Commission  and shall be forgiven when an eligible 
    participant meets the requirements set forth by the 
    Commission.

 
    Section 25. Ineligibility and termination of funds; 
procedures.  
    (a)   If a participant becomes ineligible during the term of 
a loan, he or she must repay the outstanding amount of any loan 
received from the Commission.
    (b)   The Commission  may in its discretion forgive the loan 
of a participant in whole or in part in certain circumstances 
as set forth in its written policies and guidelines. 
 
    Section 30. Other powers.   The Commission  may make, enter 
into, and execute contracts, agreements, leases, and other 
instruments with any person, including without limitation any 
federal, State, or local governmental agency, and may take 
other actions that may be necessary or convenient to accomplish 
any purpose authorized by this Act.
 
    Section 90. The State Finance Act is amended  by adding 
Section 5.719 as follows:
 
    (30 ILCS 105/5.719 new)

    Sec. 5.719. The Public Interest Attorney Loan Repayment 
Assistance Fund.