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H. 3482

STATUS INFORMATION

Concurrent Resolution
Sponsors: Rep. W.D. Smith
Document Path: l:\council\bills\ms\7144ahb05.doc

Introduced in the House on February 8, 2005
Currently residing in the House Committee on Invitations and Memorial Resolutions

Summary: Request Congress to enact legislation allowing for the forgiveness of certain loans

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/8/2005  House   Introduced HJ-6
    2/8/2005  House   Referred to Committee on Invitations and Memorial 
                        Resolutions HJ-6

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/8/2005

REQUESTING THE CONGRESS OF THE UNITED STATES TO ENACT FEDERAL LEGISLATION AMENDING THE PERKINS LOAN PROGRAM TO ADD FULL-TIME ASSISTANT PUBLIC DEFENDERS TO THE CLASS OF PEOPLE WHO QUALIFY FOR LOAN FORGIVENESS, TO ENACT LEGISLATION PROVIDING FOR FORGIVENESS OF STAFFORD LOANS AND OTHER FEDERAL STUDENT LOANS FOR FULL-TIME ASSISTANT PROSECUTORS AND FULL-TIME ASSISTANT PUBLIC DEFENDERS, AND TO ENACT FURTHER LEGISLATION TO PROVIDE ADDITIONAL FEDERAL ASSISTANCE FOR REPAYMENT OF UNDERGRADUATE AND LAW SCHOOL LOANS TO PRIVATE LENDING INSTITUTIONS FOR FULL-TIME ASSISTANT PROSECUTORS AND FULL-TIME ASSISTANT PUBLIC DEFENDERS.

Whereas, the South Carolina General Assembly recognizes the crucial role that the state's assistant prosecutors and assistant public defenders play in our criminal justice system each and every day; and

Whereas, the prosecutor's offices and public defender's offices rely on attracting, training, and retaining young attorneys to prosecute and defend cases in the state's courts in order to keep our criminal justice system running efficiently, effectively, and professionally; and

Whereas, these offices have limited resources and offer salaries which are often lower than salaries offered by law firms and private corporations; and

Whereas, complex criminal laws and procedures for resolving criminal cases require that our prosecutor's offices and public defender's offices retain well-trained, highly qualified, and experienced prosecutors and criminal defense lawyers; and

Whereas, tuition and other costs of undergraduate and law school education have continued to increase; and

Whereas, the federal government offers student loan assistance through the Perkins and Stafford Student Loan Programs; and

Whereas, the United States Government, in addition to Perkins Loan forgiveness, already provides assistance in repayment of federal student loans and private loans for members of certain professions, including doctors, police officers, and JAG Corps attorneys who provide their own specialized public service; and

Whereas, the United States Department of Education should be applauded for clarifying that assistant prosecutors qualify under the Perkins Student Loan Program, but the need exists to include assistant public defenders as a class of people who qualify for this loan forgiveness; and

Whereas, the South Carolina General Assembly asks the United States Congress to provide additional federal assistance for repayment of undergraduate and law school loans to private lending institutions for full-time assistant prosecutors and full-time assistant public defenders; and

Whereas, the members of the South Carolina General Assembly urge that these new programs assist in full forgiveness and repayment of federal and private loans and provide incentives for continued service by providing for forgiveness and repayment of ten percent of loans after one year of service, an additional fifteen percent of loans after two years of service, an additional twenty percent of loans after three years of service, an additional twenty-five percent of loans after four years of service, and the final thirty percent of loans after five years of service; and

Whereas, it is also critical for the President of the United States to support federal programs for loan forgiveness and loan repayment and to sign legislation when enacted by the United States Congress. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, request the Congress of the United States to enact federal legislation amending the Perkins Loan Program to add full-time assistant public defenders to the class of people who qualify for loan forgiveness, to enact legislation providing for forgiveness of Stafford Loans and other federal student loans for full-time assistant prosecutors and full-time assistant public defenders, and to enact further legislation to provide additional federal assistance for repayment of undergraduate and law school loans to private lending institutions for full-time assistant prosecutors and full-time assistant public defenders.

Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.

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