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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.
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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.
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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 |
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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. |
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"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 |
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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.
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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. |
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(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 |
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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 |
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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.
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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.
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Section 30. Other powers. The Commission may make, enter |
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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.
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Section 90. The State Finance Act is amended by adding |
Section 5.719 as follows:
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(30 ILCS 105/5.719 new)
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Sec. 5.719. The Public Interest Attorney Loan Repayment |
Assistance Fund.
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