1.1 	A bill for an act
1.2 	relating to higher education; authorizing a law school loan repayment program 
1.3 	for public defenders; appropriating money;amending Minnesota Statutes 2006, 
1.4 	section 611.215, subdivision 2; proposing coding for new law in Minnesota 
1.5 	Statutes, chapter 611.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 611.215, subdivision 2, is amended to read:
1.8 		Subd. 2.Duties and responsibilities. (a) The board shall approve and recommend 
1.9 	to the legislature a budget for the board, the office of state public defender, the judicial 
1.10 	district public defenders, and the public defense corporations.
1.11 	(b) The board shall establish procedures for distribution of state funding under this 
1.12 	chapter to the state and district public defenders ~~and~~, to the public defense corporations, 
1.13 	and to the public defender law school loan repayment assistance program.
1.14 	(c) The state public defender with the approval of the board shall establish standards 
1.15 	for the offices of the state and district public defenders and for the conduct of all appointed 
1.16 	counsel systems. The standards must include, but are not limited to:
1.17 	(1) standards needed to maintain and operate an office of public defender including 
1.18 	requirements regarding the qualifications, training, and size of the legal and supporting 
1.19 	staff for a public defender or appointed counsel system;
1.20 	(2) standards for public defender caseloads;
1.21 	(3) standards and procedures for the eligibility for appointment, assessment, and 
1.22 	collection of the costs for legal representation provided by public defenders or appointed 
1.23 	counsel;
1.24 	(4) standards for contracts between a board of county commissioners and a county 
1.25 	public defender system for the legal representation of indigent persons;
2.1 	(5) standards prescribing minimum qualifications of counsel appointed under the 
2.2 	board's authority or by the courts; and
2.3 	(6) standards ensuring the independent, competent, and efficient representation of 
2.4 	clients whose cases present conflicts of interest, in both the trial and appellate courts.
2.5 	(d) The board may require the reporting of statistical data, budget information, and 
2.6 	other cost factors by the state and district public defenders and appointed counsel systems.

2.7 	Sec. 2. [611.217] PUBLIC DEFENDER LAW SCHOOL LOAN REPAYMENT 
2.8 	ASSISTANCE PROGRAM.
2.9 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms 
2.10 	have the meanings given them.
2.11 	(b) "Board" means the State Board of Public Defense.
2.12 	(c) "Eligible public defender" means an individual who meets the requirements 
2.13 	established under subdivision 5.
2.14 	(d) "Eligible nonprofit organization" means a nonprofit organization that meets the 
2.15 	requirements established under subdivision 6.
2.16 		Subd. 2.Program established. The public defender law school loan repayment 
2.17 	assistance program is established under the State Board of Public Defense to assist with 
2.18 	the repayment of eligible public defenders' law school student loans.
2.19 		Subd. 3.Duties. (a) The State Board of Public Defense shall establish procedures 
2.20 	for application for grants and for grant distribution.
2.21 	(b) The board shall administer the program by:
2.22 	(1) directly awarding grants to eligible public defenders; or
2.23 	(2) indirectly awarding grants through eligible nonprofit organizations.
2.24 	(c) The board may set additional criteria to determine eligibility for the program.
2.25 	(d) The board may award grants equally to all eligible applicants or may prorate 
2.26 	grants based on years of service, amount of loan outstanding, order of application, or other 
2.27 	criteria established by the board.
2.28 		Subd. 4.Application process. (a) To be considered for a grant under subdivision 3, 
2.29 	paragraph (b), clause (1), an eligible public defender must submit an application to the 
2.30 	board in the form and manner determined by the board. The application must include the 
2.31 	criteria in subdivision 5, and any other information required by the board.
2.32 	(b) To be considered for a grant under subdivision 3, paragraph (b), clause (2), an 
2.33 	eligible public defender must submit an application to an eligible nonprofit organization, 
2.34 	in the form and manner determined by the eligible nonprofit organization and approved 
3.1 	by the board. The application must include the criteria in subdivision 5, and any other 
3.2 	information required by the board.
3.3 		Subd. 5.Eligibility; individual. An individual is eligible to receive law school 
3.4 	repayment assistance in the form of a grant under this section if the individual:
3.5 	(1) is an attorney;
3.6 	(2) has existing law school student loan debt; and
3.7 	(3) is employed full-time or part-time as:
3.8 	(i) an assistant public defender by the State Board of Public Defense; or
3.9 	(ii) an attorney for a public defense corporation, which receives funding from the 
3.10 	board under section 611.216.
3.11 		Subd. 6.Eligibility; nonprofit organization. A nonprofit organization is eligible to 
3.12 	receive a grant under this section if the nonprofit organization:
3.13 	(1) has entered into an agreement with the board to provide law school loan 
3.14 	repayment grants to eligible public defenders;
3.15 	(2) has experience providing loan repayment assistance; and
3.16 	(3) has experience distributing loan payments.

3.17 	Sec. 3. APPROPRIATION.
 3.18 	$....... is appropriated in fiscal year 2009 to the State Board of Public Defense for the 
3.19 	public defender law school loan repayment assistance program. This amount adds to the 
3.20 	State Board of Public Defense's base budget.

3.21 	Sec. 4. EFFECTIVE DATE.
 3.22 	Sections 1 to 3 are effective July 1, 2008.