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House
File
209
-
Introduced
HOUSE
FILE
209
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
15)
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
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Section
1.
NEW
SECTION
.
256.231
Rural
attorney
recruitment
1
assistance
program
——
fund.
2
1.
Program
created.
The
college
student
aid
commission
3
shall
establish
a
program
to
assist
rural
counties
and
4
municipalities
in
recruiting
attorneys.
5
2.
Application.
Each
interested
county
or
municipality
6
must
apply
to
the
college
student
aid
commission
to
be
included
7
in
the
rural
attorney
recruitment
assistance
program.
Before
8
making
a
determination
of
eligibility,
the
college
student
aid
9
commission
shall
conduct
a
county
or
municipality
assessment
10
designed
to
evaluate
the
county’s
or
municipality’s
need
for
an
11
attorney
and
the
county’s
or
municipality’s
ability
to
sustain
12
and
support
an
attorney.
The
college
student
aid
commission
13
shall
maintain
a
list
of
counties
and
municipalities
that
14
have
been
assessed
and
are
eligible
for
participation
in
the
15
program.
The
college
student
aid
commission
may
revise
any
16
county
or
municipality
assessment
or
conduct
a
new
assessment
17
as
necessary
to
reflect
any
change
in
conditions
within
a
18
county
or
municipality.
19
3.
County
or
municipality
eligible
to
participate.
A
county
20
or
municipality
is
eligible
to
participate
in
the
program
if
21
all
of
the
following
are
true:
22
a.
The
county
or
municipality
has
a
population
of
less
than
23
twenty-six
thousand
and
is
located
more
than
twenty
miles
from
24
a
city
with
a
population
of
at
least
fifty
thousand,
based
on
25
the
2020
federal
decennial
census.
26
b.
The
county
or
municipality
agrees
to
provide
the
county’s
27
or
municipality’s
portion
of
the
incentive
payment
pursuant
28
to
the
provisions
of
this
section.
Such
payments
shall
be
in
29
addition
to
the
advertised
salary
and
benefits
of
the
attorney
30
position.
31
c.
The
college
student
aid
commission
determines
the
county
32
or
municipality
is
eligible.
33
4.
Incentive
payment
to
participating
attorneys.
Any
34
attorney
who
is
selected
to
enter
into
an
agreement
and
who,
in
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conjunction
with
the
eligible
county
or
municipality,
fulfills
1
the
requirements
of
the
program
is
entitled
to
receive
an
2
incentive
payment
in
five
equal
annual
installments,
each
in
3
an
amount
equal
to
ninety
percent
of
the
annual
university
of
4
Iowa
college
of
law
resident
tuition
and
fees
as
determined
on
5
July
1,
2026.
6
5.
Agreement
for
payment
of
recruitment
assistance.
7
a.
Any
agreement
for
the
payment
of
recruitment
assistance
8
pursuant
to
this
section
must
obligate
the
rural
county
or
9
municipality
served
by
the
attorney
to
provide
thirty-five
10
percent
of
the
total
amount
of
the
incentive
payments
in
11
five
equal
annual
installments.
After
the
rural
county
or
12
municipality
certifies
to
the
college
student
aid
commission
13
that
the
county
or
municipality
has
paid
the
attorney
the
14
required
amount,
the
college
student
aid
commission
shall
15
pay
to
the
attorney
the
remaining
balance.
The
college
16
student
aid
commission
shall
pay
the
required
amount
out
of
17
moneys
appropriated
pursuant
to
this
section.
A
county
or
18
municipality
may
prepay
its
portion
of
the
incentive
payments
19
at
any
time
during
the
five-year
period.
The
college
student
20
aid
commission
shall
only
pay
upon
completion
of
each
annual
21
employment
obligation.
A
county
or
municipality
may
include
22
provisions
in
the
agreement
that
the
county
or
municipality
23
determines
are
necessary
to
attract
and
retain
the
attorney,
24
including
provisions
that
implement
residency
requirements.
25
b.
The
agreement
must
require
the
attorney
to
do
all
of
the
26
following:
27
(1)
Become
a
contract
attorney
with
the
office
of
the
state
28
public
defender
and
designate
the
minimum
number
of
hours
that
29
the
attorney
must
provide
as
a
contract
attorney
during
each
30
calendar
year
during
the
contract
period.
31
(2)
Participate
in
volunteer
lawyer
projects
through
32
nonprofit
organizations
providing
critical
legal
assistance
to
33
low-income
and
vulnerable
Iowans.
34
6.
County
and
municipality
funding.
Any
eligible
county
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or
municipality
may
appropriate
moneys
for
the
purpose
of
1
carrying
out
the
provisions
of
this
section.
An
eligible
2
county
or
municipality
may
enter
an
agreement
with
any
county,
3
municipality,
school
district,
or
nonprofit
entity
to
assist
4
the
county
or
municipality
in
carrying
out
the
provisions
of
5
this
section.
6
7.
Filing
and
approval
of
recruitment
assistance
7
agreement.
A
recruitment
assistance
agreement
entered
into
8
pursuant
to
this
section
is
not
effective
until
it
is
filed
9
with
and
approved
by
the
college
student
aid
commission.
The
10
agreement
must
provide
that
the
attorney
practice
law
full-time
11
in
the
eligible
county
or
municipality
for
at
least
five
years.
12
8.
Ineligibility
for
participation
in
other
programs.
A
13
person
shall
not
participate
in
the
program
if
the
person
has
14
previously
participated
in
the
program,
or
any
other
state
or
15
federal
scholarship,
loan
repayment,
or
tuition
reimbursement
16
program
that
obligates
the
person
to
provide
attorney
services
17
within
an
underserved
area.
18
9.
Fund
established.
A
rural
attorney
recruitment
19
assistance
program
fund
is
created
in
the
state
treasury
under
20
the
control
of
the
college
student
aid
commission.
The
college
21
Student
aid
commission
may
accept
gifts,
grants,
bequests,
22
and
other
private
contributions,
as
well
as
state
or
federal
23
moneys,
for
deposit
in
the
fund.
The
college
student
aid
24
commission
shall
remit
all
repayments
made
pursuant
to
this
25
section
to
the
fund.
All
moneys
deposited
or
paid
into
the
26
fund
are
appropriated
to
the
college
student
aid
commission
27
to
be
used
for
meeting
the
requirements
of
this
section
28
and
increasing
the
number
of
attorneys
participating
in
the
29
program.
During
a
fiscal
year,
up
to
five
percent
of
the
30
moneys
in
the
fund
may
be
used
by
the
college
student
aid
31
commission
to
cover
implementation
and
administration
costs
32
associated
with
this
section.
Notwithstanding
section
8.33,
33
moneys
in
the
fund
that
remain
unencumbered
or
unobligated
34
at
the
close
of
a
fiscal
year
shall
not
revert
but
shall
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remain
available
for
expenditure
for
the
purposes
designated.
1
Notwithstanding
section
12C.7,
subsection
2,
interest
or
2
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
3
10.
Rules.
The
college
student
aid
commission
shall
adopt
4
rules
to
administer
this
section.
5
11.
Limitation.
The
program
shall
not
provide
assistance
6
for
more
than
five
attorneys.
This
subsection
is
repealed
July
7
1,
2026.
8
Sec.
2.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
shall
9
designate
section
256.231,
as
enacted
in
this
Act,
as
a
new
10
subpart
within
chapter
256,
subchapter
VII,
part
4,
entitled
11
“rural
attorney
recruitment
assistance
program”.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
creates
the
rural
attorney
recruitment
assistance
16
program.
The
bill
requires
the
college
student
aid
commission
17
(commission)
to
establish
a
program
for
attorneys
to
assist
18
rural
counties
and
municipalities
in
recruiting
attorneys.
19
The
bill
requires
each
interested
county
or
municipality
to
20
apply
to
the
commission.
The
commission
is
required
to
conduct
21
a
county
or
municipality
assessment
designed
to
evaluate
22
the
county’s
or
municipality’s
need
for
an
attorney
and
the
23
county’s
or
municipality’s
ability
to
sustain
and
support
an
24
attorney
before
admitting
a
county
or
municipality
into
the
25
program.
The
bill
requires
the
commission
to
maintain
a
list
26
of
counties
and
municipalities
that
have
been
assessed
and
are
27
eligible
for
participation
in
the
program.
The
commission
is
28
allowed
to
revise
any
county
or
municipality
assessment
or
29
conduct
a
new
assessment
as
necessary
to
reflect
any
change
in
30
conditions
within
a
county
or
municipality.
31
The
bill
provides
that
a
county
or
municipality
is
eligible
32
to
participate
in
the
program
if
it
has
a
population
of
less
33
than
26,000
and
is
located
more
than
20
miles
from
a
city
with
34
a
population
of
at
least
50,000,
based
on
the
2020
federal
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decennial
census.
1
The
bill
provides
that
any
attorney
who
fulfills
the
2
requirements
of
the
program
is
entitled
to
receive
an
incentive
3
payment
in
five
equal
annual
installments,
each
in
an
amount
4
equal
to
90
percent
of
the
university
of
Iowa
college
of
law
5
resident
tuition
and
fees
as
determined
on
July
1,
2026.
This
6
is
in
addition
to
the
advertised
salary
and
benefits
for
the
7
attorney
position.
8
The
bill
provides
that
any
agreement
for
payment
under
9
the
program
shall
obligate
the
county
or
municipality
served
10
by
the
attorney
to
pay
35
percent
of
the
total
amount
of
the
11
incentive
payments
in
five
equal
annual
installments.
The
bill
12
requires
the
commission,
upon
certification
that
the
county
13
or
municipality
has
paid
the
attorney
the
annual
amount
to
14
the
commission,
to
pay
the
attorney
the
remaining
balance.
15
The
bill
provides
that
the
commission
shall
pay
the
required
16
amount
out
of
moneys
appropriated
from
the
state.
The
bill
17
further
provides
that
a
county
or
municipality
may
prepay
18
its
portion
of
the
incentive
payment
at
any
time
during
the
19
five-year
period.
The
bill
requires
the
agreement
to
require
20
the
attorney
to
become
a
contract
attorney
with
the
office
of
21
the
state
public
defender,
designate
the
minimum
number
of
22
hours
that
the
attorney
must
provide
as
a
contract
attorney,
23
and
agree
to
participate
in
volunteer
lawyer
projects.
24
The
bill
allows
any
rural
county
or
municipality
to
25
appropriate
moneys
for
the
purpose
of
funding
the
program.
26
The
bill
provides
that
no
recruitment
assistance
agreement
27
entered
into
is
effective
until
it
is
filed
with
and
approved
28
by
the
commission.
The
agreement
shall
provide
that
the
29
attorney
practice
law
full-time
in
the
eligible
county
or
30
municipality
for
at
least
five
years.
31
The
bill
provides
that
no
person
may
participate
in
the
32
program
if
the
person
has
previously
participated
in
the
33
program,
or
any
other
state
or
federal
scholarship,
loan
34
repayment,
or
tuition
reimbursement
program
that
obligates
the
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person
to
provide
attorney
services
within
an
underserved
area.
1
A
rural
attorney
recruitment
assistance
program
fund
2
is
created
and
moneys
in
the
fund
are
appropriated
to
the
3
commission
to
be
used
for
the
program
and
to
increase
the
4
number
of
attorneys
in
the
program.
The
program
is
limited
to
5
five
attorneys
in
the
first
year.
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