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House
File
752
-
Introduced
HOUSE
FILE
752
BY
JONES
A
BILL
FOR
An
Act
relating
to
the
compensation
of
county
officers.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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H.F.
752
Section
1.
Section
331.752,
subsection
5,
Code
2025,
is
1
amended
to
read
as
follows:
2
5.
The
resolution
changing
the
status
of
a
county
attorney
3
shall
state
the
initial
annual
salary
to
be
paid
to
the
county
4
attorney
when
the
full-time
or
part-time
status
is
effective.
5
The
annual
salary
specified
in
the
resolution
shall
remain
6
effective
until
changed
as
provided
in
section
331.907
.
Except
7
in
counties
having
a
population
of
more
than
two
hundred
8
thousand,
the
annual
salary
of
a
full-time
county
attorney
9
shall
be
an
amount
which
is
between
forty-five
percent
and
one
10
hundred
percent
of
the
annual
salary
received
by
a
district
11
court
judge.
12
Sec.
2.
Section
331.757,
subsection
2,
Code
2025,
is
amended
13
to
read
as
follows:
14
2.
The
county
attorney
may
appoint,
with
the
approval
of
15
the
board,
an
assistant
county
attorney
to
serve
as
a
full-time
16
prosecutor.
A
full-time
prosecutor
shall
refrain
from
the
17
private
practice
of
law.
The
county
attorney
shall
determine
18
the
compensation
paid
to
a
full-time
prosecutor
within
the
19
budget
set
for
the
county
attorney’s
office
by
the
board.
20
Except
in
counties
having
a
population
of
more
than
two
hundred
21
thousand,
the
annual
salary
of
an
assistant
county
attorney
22
shall
not
exceed
eighty-five
percent
of
the
maximum
annual
23
salary
of
a
full-time
county
attorney.
24
Sec.
3.
Section
331.904,
subsection
1,
paragraph
a,
Code
25
2025,
is
amended
to
read
as
follows:
26
a.
The
annual
base
salary
of
the
first
and
second
deputy
27
officer
of
the
office
of
auditor,
treasurer,
and
recorder,
the
28
deputy
in
charge
of
elections
administration,
the
deputy
in
29
charge
of
the
motor
vehicle
registration
and
title
division,
30
and
the
deputy
in
charge
of
driver’s
license
issuance
shall
31
each
be
an
amount
not
to
exceed
eighty-five
percent
of
the
32
annual
salary
of
the
deputy’s
principal
officer.
In
offices
33
where
more
than
two
deputies
are
required,
the
annual
base
34
salary
of
each
additional
deputy
shall
be
an
amount
not
to
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752
exceed
eighty
percent
of
the
principal
officer’s
salary.
The
1
amount
of
the
annual
base
salary
of
each
deputy
shall
be
2
certified
by
the
principal
officer
to
the
board
and,
if
a
3
deputy’s
annual
base
salary
does
not
exceed
the
limitations
4
specified
in
this
subsection
,
the
board
shall
certify
the
5
annual
base
salary
to
the
auditor.
The
board
shall
not
certify
6
a
deputy’s
annual
base
salary
which
exceeds
the
limitations
of
7
this
subsection
set
by
the
auditor,
treasurer,
or
recorder,
or
8
principal
officer,
as
applicable
.
The
board
shall
certify
the
9
annual
base
salary
to
the
auditor.
10
Sec.
4.
Section
331.904,
subsection
2,
Code
2025,
is
amended
11
to
read
as
follows:
12
2.
Each
deputy
sheriff
shall
receive
an
annual
base
salary
13
as
follows:
14
a.
The
annual
base
salary
of
a
first
or
second
deputy
15
sheriff
shall
not
exceed
eighty-five
percent
of
the
annual
base
16
salary
of
the
sheriff.
17
b.
The
annual
base
salary
of
any
other
deputy
sheriff
shall
18
not
exceed
the
annual
base
salary
of
the
first
or
second
deputy
19
sheriff.
20
c.
2.
a.
The
sheriff
shall
set
the
annual
base
salary
21
of
each
deputy
sheriff
who
is
classified
as
exempt
under
the
22
federal
Fair
Labor
Standards
Act
of
1938,
as
amended,
subject
23
to
the
limitations
specified
in
paragraphs
“a”
and
“b”
.
The
24
sheriff
shall
certify
the
annual
base
salaries
of
the
exempt
25
deputy
sheriffs
to
the
board
,
and
,
if
the
limitations
of
26
paragraphs
“a”
and
“b”
are
not
exceeded,
the
board
shall
certify
27
the
annual
base
salaries
to
the
county
auditor.
28
d.
b.
The
board
shall
set
the
annual
base
salaries
of
any
29
deputy
sheriffs
who
are
not
classified
as
exempt
under
the
30
federal
Fair
Labor
Standards
Act
of
1938,
as
amended.
Upon
31
certification
by
the
sheriff,
the
board
shall
review,
and
may
32
modify,
the
annual
base
salaries
of
the
deputy
sheriffs
who
are
33
not
classified
as
exempt.
The
annual
base
salaries
set
by
the
34
board
are
subject
to
the
limitations
specified
in
paragraphs
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“a”
and
“b”
.
1
e.
c.
As
used
in
this
subsection
,
“base
salary”
means
the
2
basic
compensation
excluding
overtime
pay,
longevity
pay,
shift
3
differential
pay,
or
other
supplement
pay
and
fringe
benefits.
4
Sec.
5.
Section
331.904,
subsection
3,
Code
2025,
is
amended
5
to
read
as
follows:
6
3.
The
annual
salary
of
each
assistant
county
attorney
7
shall
be
determined
by
the
county
attorney
within
the
budget
8
set
for
the
county
attorney’s
office
by
the
board.
The
salary
9
of
an
assistant
county
attorney
shall
not
exceed
eighty-five
10
percent
of
the
maximum
salary
of
a
full-time
county
attorney.
11
The
county
attorney
shall
inform
the
board
of
the
full-time
12
or
part-time
status
of
each
assistant
county
attorney.
In
13
the
case
of
a
part-time
assistant
county
attorney,
the
county
14
attorney
shall
inform
the
board
of
the
approximate
number
of
15
hours
per
week
the
assistant
county
attorney
shall
devote
to
16
official
duties.
17
Sec.
6.
Section
331.907,
subsection
2,
Code
2025,
is
amended
18
to
read
as
follows:
19
2.
At
the
public
hearing
held
on
the
county
budget
as
20
provided
in
section
331.434
,
the
county
compensation
board
21
shall
submit
its
recommended
compensation
schedule
for
the
22
next
fiscal
year
to
the
board
of
supervisors
for
inclusion
23
in
the
county
budget.
The
board
of
supervisors
shall
review
24
the
recommended
compensation
schedule
for
the
elected
county
25
officers
and
determine
the
final
compensation
schedule.
In
26
determining
the
final
compensation
schedule
for
the
elected
27
county
officers,
the
board
of
supervisors
may
set
compensation
28
at
less
than
the
compensation
provided
in
the
current
29
compensation
schedule
if
the
position
is
reduced
to
part-time
30
under
the
recommended
compensation
schedule.
Additionally,
the
31
board
of
supervisors
may
reduce
the
amount
of
salary
increase
32
proposed
for
an
individual
elected
county
officer
without
33
reducing
the
amount
of
increase
proposed
for
the
other
elected
34
county
officers
by
an
equal
amount
if
the
board
of
supervisors
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provides
justification.
A
copy
of
the
final
compensation
1
schedule
shall
be
filed
with
the
county
budget
at
the
office
2
of
the
director
of
the
department
of
management.
The
final
3
compensation
schedule
takes
effect
on
July
1
following
4
its
adoption
by
the
board
of
supervisors.
For
purposes
of
5
this
subsection
,
“current
compensation
schedule”
means
the
6
compensation
schedule
in
effect
when
the
board
of
supervisors
7
considers
the
recommended
compensation
schedule.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
the
compensation
of
county
officers.
12
Currently,
the
annual
base
salary
of
a
county
deputy
13
sheriff,
an
assistant
county
attorney
except
in
a
county
14
having
a
population
of
more
than
200,000,
and
deputy
officers
15
of
certain
county
offices
shall
not
exceed
85
percent
of
16
the
annual
base
salary
of
the
county
sheriff,
the
county
17
attorney,
or
the
principal
officer,
respectively.
The
bill
18
specifies
the
auditor,
county
attorney,
treasurer,
or
recorder,
19
or
other
principal
officers,
as
applicable,
shall
set
the
20
annual
salaries
of
deputies
and
assistants.
The
bill
strikes
21
provisions
requiring
the
annual
salary
of
deputy
officers
of
22
principal
officers
to
not
exceed
85
percent
of
the
annual
base
23
salary
of
the
county
principal
officer.
24
Current
law
requires
counties
with
populations
of
200,000
25
or
less
to
set
a
county
attorney’s
salary
between
45
and
100
26
percent
of
a
district
court
judge’s
salary.
The
bill
strikes
27
this
requirement.
28
The
bill
authorizes
the
county
board
of
supervisors
to
29
reduce
the
salary
increase
of
an
individual
elected
county
30
officer
without
reducing
the
amount
of
salary
increase
proposed
31
for
the
other
elected
county
officers
by
an
equal
amount
if
the
32
board
of
supervisors
provides
a
justification.
33
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