Creating an attorney loan repayment program, and making appropriations

This bill establishes an attorney loan repayment program to encourage attorneys to remain and practice law in Iowa. The program is to be administered by the college student aid commission. The bill provides that an individual is eligible to apply for the program if the individual is a graduate of an accredited law school, is licensed to practice law in Iowa, and is practicing law in Iowa at the time of application or commits to begin practicing law in the state upon execution of a program agreement. The bill requires a program agreement to be entered into by the commission and an eligible attorney. Under the agreement, an attorney must agree to remain and practice law in Iowa during each year for which loan repayment assistance is received and must provide not less than the number of hours per year of legal services as an indigent defense attorney as designated pursuant to the attorney’s preference determination. The bill requires the commission to give priority in awarding loan repayment assistance to attorneys who practice law in this state in the following order: (1) attorneys who reside and practice law in rural areas and provide a minimum of hours of indigent defense services annually; (2) attorneys who practice law in rural areas and provide a minimum of 100 hours of indigent defense services annually; (3) attorneys who practice law in the state and provide 200 hours of indigent defense services annually; and (4) attorneys who graduated from an Iowa law school, Iowa high school, or completed private instruction pursuant to Code chapter 299A. The bill defines “rural area” as a county or municipality that has a population of less than 26,000 and is located more than miles from a city with a population of at least 50,000, based on the most recent federal decennial census. The bill provides that an eligible attorney who enters into and remains in compliance with a program agreement may receive loan repayment assistance in an amount not to exceed $10,000 per year or the outstanding balance of the attorney’s eligible student loans, whichever is less. If an attorney who receives assistance ceases to practice law in accordance with the attorney’s program agreement, the assistance shall terminate, be prorated, and no further payments shall be made. Loan repayment assistance may be provided for not more than six consecutive years, and the total amount of assistance may not exceed the outstanding balance of the attorney’s eligible student loans at the time the agreement is executed. The bill defines “eligible loan” as the attorney’s total federally guaranteed Stafford loan amount under the federal family education loan program or the federal direct loan program, the attorney’s federal graduate plus loans, or the attorney’s federal Perkins loan, including principal and interest. The bill creates an attorney loan repayment program fund in the state treasury under the control of the commission. The fund consists of gifts, grants, bequests, private contributions, and state or federal moneys. Moneys in the fund are appropriated to the commission for purposes of the program, do not revert at the end of a fiscal year, and retain interest earnings. The bill requires the commission to adopt rules to administer the program and limits participation to not more than attorneys in a single year. The bill provides that loan payment assistance received pursuant to the program is not subject to the Iowa income tax. The bill adds a corresponding provision.