Bill Text: IA HF2689 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act creating a rural attorney recruitment assistance program, and making appropriations.(Formerly HF 2407.)
Spectrum: Committee Bill
Status: (Engrossed) 2024-04-16 - Read first time, referred to Appropriations. S.J. 837. [HF2689 Detail]
Download: Iowa-2023-HF2689-Introduced.html
House
File
2689
-
Introduced
HOUSE
FILE
2689
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
HF
2407)
A
BILL
FOR
An
Act
creating
a
rural
attorney
recruitment
assistance
1
program,
and
making
appropriations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5389HV
(2)
90
cm/ns
H.F.
2689
Section
1.
NEW
SECTION
.
256.20
Rural
attorney
recruitment
1
assistance
program
——
fund.
2
1.
Program
created.
The
department
may
establish
a
program
3
to
assist
rural
counties
and
municipalities
in
recruiting
4
attorneys.
5
2.
Application.
Each
interested
county
or
municipality
6
must
apply
to
the
department
to
be
included
in
the
rural
7
attorney
recruitment
assistance
program.
Before
making
a
8
determination
of
eligibility,
the
department
shall
conduct
9
a
county
or
municipality
assessment
designed
to
evaluate
10
the
county’s
or
municipality’s
need
for
an
attorney
and
the
11
county’s
or
municipality’s
ability
to
sustain
and
support
an
12
attorney.
The
department
shall
maintain
a
list
of
counties
and
13
municipalities
that
have
been
assessed
and
are
eligible
for
14
participation
in
the
program.
The
department
may
revise
any
15
county
or
municipality
assessment
or
conduct
a
new
assessment
16
as
necessary
to
reflect
any
change
in
conditions
within
a
17
county
or
municipality.
18
3.
County
or
municipality
eligible
to
participate.
A
county
19
or
municipality
is
eligible
to
participate
in
the
program
if
20
all
of
the
following
are
true:
21
a.
The
county
or
municipality
has
a
population
of
less
than
22
twenty-six
thousand
and
is
located
more
than
twenty
miles
from
23
a
city
with
a
population
of
at
least
fifty
thousand,
based
on
24
the
2020
federal
decennial
census.
25
b.
The
county
or
municipality
agrees
to
provide
the
county’s
26
or
municipality’s
portion
of
the
incentive
payment
pursuant
27
to
the
provisions
of
this
section.
Such
payments
shall
be
in
28
addition
to
the
advertised
salary
and
benefits
of
the
attorney
29
position.
30
c.
The
department
determines
the
county
or
municipality
is
31
eligible.
32
4.
Incentive
payment
to
participating
attorneys.
Any
33
attorney
who
is
selected
to
enter
into
an
agreement
and
who,
in
34
conjunction
with
the
eligible
county
or
municipality,
fulfills
35
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5389HV
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5
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2689
the
requirements
of
the
program
is
entitled
to
receive
an
1
incentive
payment
in
five
equal
annual
installments,
each
in
2
an
amount
equal
to
ninety
percent
of
the
annual
university
of
3
Iowa
college
of
law
resident
tuition
and
fees
as
determined
on
4
July
1,
2024.
5
5.
Agreement
for
payment
of
recruitment
assistance.
6
a.
Any
agreement
for
the
payment
of
recruitment
assistance
7
pursuant
to
this
section
must
obligate
the
rural
county
or
8
municipality
served
by
the
attorney
to
provide
thirty-five
9
percent
of
the
total
amount
of
the
incentive
payments
in
10
five
equal
annual
installments.
After
the
rural
county
or
11
municipality
certifies
to
the
department
that
the
county
12
or
municipality
has
paid
the
attorney
the
required
amount,
13
the
department
shall
pay
to
the
attorney
the
remaining
14
balance.
The
department
shall
pay
the
required
amount
out
of
15
moneys
appropriated
pursuant
to
this
section.
A
county
or
16
municipality
may
prepay
its
portion
of
the
incentive
payments
17
at
any
time
during
the
five-year
period.
The
department
shall
18
only
pay
upon
completion
of
each
annual
employment
obligation.
19
b.
The
agreement
must
require
the
attorney
to
become
a
20
contract
attorney
with
the
office
of
the
state
public
defender
21
and
agree
to
participate
in
volunteer
lawyer
projects
through
22
nonprofit
organizations
providing
critical
legal
assistance
to
23
low-income
and
vulnerable
Iowans.
24
6.
County
and
municipality
funding.
Any
eligible
county
25
or
municipality
may
appropriate
moneys
for
the
purpose
of
26
carrying
out
the
provisions
of
this
section.
An
eligible
27
county
or
municipality
may
enter
an
agreement
with
any
county,
28
municipality,
school
district,
or
nonprofit
entity
to
assist
29
the
county
or
municipality
in
carrying
out
the
provisions
of
30
this
section.
31
7.
Filing
and
approval
of
recruitment
assistance
32
agreement.
A
recruitment
assistance
agreement
entered
into
33
pursuant
to
this
section
is
not
effective
until
it
is
filed
34
with
and
approved
by
the
department.
The
agreement
must
35
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cm/ns
2/
5
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2689
provide
that
the
attorney
practice
law
full-time
in
the
1
eligible
county
or
municipality
for
at
least
five
years.
2
8.
Ineligibility
for
participation
in
other
programs.
A
3
person
shall
not
participate
in
the
program
if
the
person
has
4
previously
participated
in
the
program,
or
any
other
state
or
5
federal
scholarship,
loan
repayment,
or
tuition
reimbursement
6
program
that
obligates
the
person
to
provide
attorney
services
7
within
an
underserved
area.
8
9.
Fund
established.
A
rural
attorney
recruitment
9
assistance
program
fund
is
created
in
the
state
treasury
under
10
the
control
of
the
department.
The
department
may
accept
11
gifts,
grants,
bequests,
and
other
private
contributions,
as
12
well
as
state
or
federal
moneys,
for
deposit
in
the
fund.
The
13
department
shall
remit
all
repayments
made
pursuant
to
this
14
section
to
the
fund.
All
moneys
deposited
or
paid
into
the
15
fund
are
appropriated
to
the
department
to
be
used
for
meeting
16
the
requirements
of
this
section
and
increasing
the
number
of
17
attorneys
participating
in
the
program.
During
a
fiscal
year,
18
up
to
five
percent
of
the
moneys
in
the
fund
may
be
used
by
the
19
department
to
cover
implementation
and
administration
costs
20
associated
with
this
section.
Notwithstanding
section
8.33,
21
moneys
in
the
fund
that
remain
unencumbered
or
unobligated
22
at
the
close
of
a
fiscal
year
shall
not
revert
but
shall
23
remain
available
for
expenditure
for
the
purposes
designated.
24
Notwithstanding
section
12C.7,
subsection
2,
interest
or
25
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
26
10.
Rules.
The
department
shall
adopt
rules
to
administer
27
this
section.
28
11.
Limitation.
The
program
shall
not
provide
assistance
29
for
more
than
five
attorneys.
This
subsection
is
repealed
July
30
1,
2025.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
creates
the
rural
attorney
recruitment
assistance
35
-3-
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5389HV
(2)
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cm/ns
3/
5
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2689
program.
The
bill
allows
the
department
of
education
to
1
establish
a
program
for
attorneys
to
assist
rural
counties
and
2
municipalities
in
recruiting
attorneys.
The
bill
requires
each
3
interested
county
or
municipality
to
apply
to
the
department.
4
The
department
is
required
to
conduct
a
county
or
municipality
5
assessment
designed
to
evaluate
the
county’s
or
municipality’s
6
need
for
an
attorney
and
the
county’s
or
municipality’s
ability
7
to
sustain
and
support
an
attorney
before
admitting
a
county
8
or
municipality
into
the
program.
The
bill
requires
the
9
department
to
maintain
a
list
of
counties
and
municipalities
10
that
have
been
assessed
and
are
eligible
for
participation
in
11
the
program.
The
department
is
allowed
to
revise
any
county
12
or
municipality
assessment
or
conduct
a
new
assessment
as
13
necessary
to
reflect
any
change
in
conditions
within
a
county
14
or
municipality.
15
The
bill
provides
that
a
county
or
municipality
is
eligible
16
to
participate
in
the
program
if
it
has
a
population
of
less
17
than
26,000
and
is
located
more
than
20
miles
from
a
city
with
18
a
population
of
at
least
50,000,
based
on
the
2020
federal
19
decennial
census.
20
The
bill
provides
that
any
attorney
who
fulfills
the
21
requirements
of
the
program
is
entitled
to
receive
an
incentive
22
payment
in
five
equal
annual
installments,
each
in
an
amount
23
equal
to
90
percent
of
the
university
of
Iowa
college
of
law
24
resident
tuition
and
fees
as
determined
on
July
1,
2024.
This
25
is
in
addition
to
the
advertised
salary
and
benefits
for
the
26
attorney
position.
27
The
bill
provides
that
any
agreement
for
payment
under
28
the
program
shall
obligate
the
county
or
municipality
served
29
by
the
attorney
to
pay
35
percent
of
the
total
amount
of
the
30
incentive
payments
in
five
equal
annual
installments.
The
bill
31
requires
the
department,
upon
certification
that
the
county
32
or
municipality
has
paid
the
attorney
the
annual
amount
to
33
the
department,
to
pay
the
attorney
the
remaining
balance.
34
The
bill
provides
that
the
department
shall
pay
the
required
35
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2689
amount
out
of
moneys
appropriated
from
the
state.
The
bill
1
further
provides
that
a
county
or
municipality
may
prepay
2
its
portion
of
the
incentive
payment
at
any
time
during
the
3
five-year
period.
The
bill
requires
the
agreement
to
require
4
the
attorney
to
become
a
contract
attorney
with
the
office
of
5
the
state
public
defender
and
agree
to
participate
in
volunteer
6
lawyer
projects.
7
The
bill
allows
any
rural
county
or
municipality
to
8
appropriate
moneys
for
the
purpose
of
funding
the
program.
9
The
bill
provides
that
no
recruitment
assistance
agreement
10
entered
into
is
effective
until
it
is
filed
with
and
approved
11
by
the
department.
The
agreement
shall
provide
that
the
12
attorney
practice
law
full-time
in
the
eligible
county
or
13
municipality
for
at
least
five
years.
14
The
bill
provides
that
no
person
may
participate
in
the
15
program
if
the
person
has
previously
participated
in
the
16
program,
or
any
other
state
or
federal
scholarship,
loan
17
repayment,
or
tuition
reimbursement
program
that
obligates
the
18
person
to
provide
attorney
services
within
an
underserved
area.
19
A
rural
attorney
recruitment
assistance
program
fund
20
is
created
and
moneys
in
the
fund
are
appropriated
to
the
21
department
to
be
used
for
the
program
and
to
increase
the
22
number
of
attorneys
in
the
program.
The
program
is
limited
to
23
five
attorneys
in
the
first
year.
24
-5-
LSB
5389HV
(2)
90
cm/ns
5/
5
