Bill Text: IA HF2407 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act creating a rural attorney recruitment assistance program, and making appropriations.(See HF 2689.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-04-15 - Withdrawn. H.J. 792. [HF2407 Detail]
Download: Iowa-2023-HF2407-Introduced.html
House
File
2407
-
Introduced
HOUSE
FILE
2407
BY
LOHSE
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
5389YH
(3)
90
cm/ns
H.F.
2407
Section
1.
NEW
SECTION
.
602.10142
Rural
attorney
1
recruitment
assistance
program
——
fund.
2
1.
Program
created.
The
judicial
branch
may
establish
3
a
program
to
assist
rural
counties
and
municipalities
in
4
recruiting
attorneys.
5
2.
Application.
Each
interested
county
or
municipality
6
must
apply
to
the
judicial
branch
to
be
included
in
the
rural
7
attorney
recruitment
assistance
program.
Before
making
a
8
determination
of
eligibility,
the
judicial
branch
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
12
an
attorney.
The
judicial
branch
shall
maintain
a
list
of
13
counties
and
municipalities
that
have
been
assessed
and
are
14
eligible
for
participation
in
the
program.
The
judicial
branch
15
may
revise
any
county
or
municipality
assessment
or
conduct
a
16
new
assessment
as
necessary
to
reflect
any
change
in
conditions
17
within
a
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
to
27
the
provisions
of
this
section.
28
c.
The
judicial
branch
determines
the
county
or
municipality
29
is
eligible.
30
4.
Incentive
payment
to
participating
attorneys.
Any
31
attorney
who
fulfills
the
requirements
of
the
program
is
32
entitled
to
receive
an
incentive
payment
in
five
equal
annual
33
installments,
each
in
an
amount
equal
to
ninety
percent
of
the
34
annual
university
of
Iowa
college
of
law
resident
tuition
and
35
-1-
LSB
5389YH
(3)
90
cm/ns
1/
5
H.F.
2407
fees
as
determined
on
July
1,
2024.
1
5.
Agreement
for
payment
of
recruitment
assistance
——
2
repayment
upon
breach.
3
a.
Any
agreement
for
the
payment
of
recruitment
assistance
4
pursuant
to
this
section
must
obligate
the
rural
county
or
5
municipality
served
by
the
attorney
to
provide
thirty-five
6
percent
of
the
total
amount
of
the
incentive
payments
in
7
five
equal
annual
installments.
After
the
rural
county
or
8
municipality
certifies
to
the
judicial
branch
that
the
county
9
or
municipality
has
paid
the
attorney
the
required
amount,
10
the
judicial
branch
shall
pay
to
the
attorney
the
remaining
11
balance.
The
judicial
branch
shall
pay
the
required
amount
out
12
of
moneys
appropriated
pursuant
to
this
section.
A
county
or
13
municipality
may
prepay
its
portion
of
the
incentive
payments
14
at
any
time
during
the
five-year
period.
15
b.
If
an
attorney
has
breached
the
agreement,
the
attorney
16
shall
repay
all
sums
received
pursuant
to
this
section
under
17
the
terms
and
conditions
set
by
the
judicial
branch.
Failure
18
to
make
repayment
is
grounds
for
discipline
by
the
bar
of
Iowa
19
and
the
supreme
court.
20
6.
County
and
municipality
funding.
Any
eligible
county
21
or
municipality
may
appropriate
moneys
for
the
purpose
of
22
carrying
out
the
provisions
of
this
section.
An
eligible
23
county
or
municipality
may
enter
an
agreement
with
any
county,
24
municipality,
school
district,
or
nonprofit
entity
to
assist
25
the
county
or
municipality
in
carrying
out
the
provisions
of
26
this
section.
27
7.
Filing
and
approval
of
recruitment
assistance
28
agreement.
A
recruitment
assistance
agreement
entered
into
29
pursuant
to
this
section
is
not
effective
until
it
is
filed
30
with
and
approved
by
the
judicial
branch.
The
agreement
31
must
provide
that
the
attorney
practice
law
full-time
in
the
32
eligible
county
or
municipality
for
at
least
five
years.
33
8.
Ineligibility
for
participation
in
other
programs.
A
34
person
shall
not
participate
in
the
program
if
the
person
has
35
-2-
LSB
5389YH
(3)
90
cm/ns
2/
5
H.F.
2407
previously
participated
in
the
program,
or
any
other
state
or
1
federal
scholarship,
loan
repayment,
or
tuition
reimbursement
2
program
that
obligates
the
person
to
provide
attorney
services
3
within
an
underserved
area.
4
9.
Annual
report
on
status
of
program.
The
judicial
branch
5
shall
annually
file
with
the
general
assembly
a
report
on
the
6
status
of
the
program.
7
10.
Fund
established.
A
rural
attorney
recruitment
8
assistance
program
fund
is
created
in
the
state
treasury
9
under
the
control
of
the
judicial
branch.
The
judicial
10
branch
may
accept
gifts,
grants,
bequests,
and
other
private
11
contributions,
as
well
as
state
or
federal
moneys,
for
12
deposit
in
the
fund.
The
judicial
branch
shall
remit
all
13
repayments
made
pursuant
to
this
section
to
the
fund.
All
14
moneys
deposited
or
paid
into
the
fund
are
appropriated
to
the
15
judicial
branch
to
be
used
for
meeting
the
requirements
of
this
16
section
and
increasing
the
number
of
attorneys
participating
17
in
the
program.
Notwithstanding
section
8.33,
moneys
in
the
18
fund
that
remain
unencumbered
or
unobligated
at
the
close
of
19
a
fiscal
year
shall
not
revert
but
shall
remain
available
for
20
expenditure
for
the
purposes
designated.
Notwithstanding
21
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
in
22
the
fund
shall
be
credited
to
the
fund.
23
11.
Limitation.
The
program
shall
not
provide
assistance
24
for
more
than
five
attorneys.
This
subsection
is
repealed
July
25
1,
2025.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
creates
the
rural
attorney
recruitment
assistance
30
program.
The
bill
allows
the
judicial
branch
to
establish
31
a
program
for
attorneys
to
assist
rural
counties
and
32
municipalities
in
recruiting
attorneys.
The
bill
requires
each
33
interested
county
or
municipality
to
apply
to
the
judicial
34
branch.
The
judicial
branch
is
required
to
conduct
a
county
35
-3-
LSB
5389YH
(3)
90
cm/ns
3/
5
H.F.
2407
or
municipality
assessment
designed
to
evaluate
the
county’s
1
or
municipality’s
need
for
an
attorney
and
the
county’s
or
2
municipality’s
ability
to
sustain
and
support
an
attorney
3
before
admitting
a
county
or
municipality
into
the
program.
4
The
bill
requires
the
judicial
branch
to
maintain
a
list
of
5
counties
and
municipalities
that
have
been
assessed
and
are
6
eligible
for
participation
in
the
program.
The
judicial
branch
7
is
allowed
to
revise
any
county
or
municipality
assessment
or
8
conduct
a
new
assessment
as
necessary
to
reflect
any
change
in
9
conditions
within
a
county
or
municipality.
10
The
bill
provides
that
a
county
or
municipality
is
eligible
11
to
participate
in
the
program
if
it
has
a
population
of
less
12
than
26,000
and
is
located
more
than
20
miles
from
a
city
with
13
a
population
of
at
least
50,000,
based
on
the
2020
federal
14
decennial
census.
15
The
bill
provides
that
any
attorney
who
fulfills
the
16
requirements
of
the
program
is
entitled
to
receive
an
incentive
17
payment
in
five
equal
annual
installments,
each
in
an
amount
18
equal
to
90
percent
of
the
university
of
Iowa
college
of
law
19
resident
tuition
and
fees
as
determined
on
July
1,
2024.
20
The
bill
provides
that
any
agreement
for
payment
under
21
the
program
shall
obligate
the
county
or
municipality
served
22
by
the
attorney
to
pay
35
percent
of
the
total
amount
of
the
23
incentive
payments
in
five
equal
annual
installments.
The
24
bill
requires
the
judicial
branch,
upon
certification
that
the
25
county
or
municipality
has
paid
the
attorney
the
annual
amount
26
to
the
judicial
branch,
to
pay
the
attorney
the
remaining
27
balance.
The
bill
provides
that
the
judicial
branch
shall
28
pay
the
required
amount
out
of
moneys
appropriated
from
the
29
state.
The
bill
further
provides
that
a
county
or
municipality
30
may
prepay
its
portion
of
the
incentive
payment
at
any
time
31
during
the
five-year
period.
The
bill
requires
an
attorney
32
that
has
breached
the
agreement
to
repay
all
sums
received.
An
33
attorney’s
failure
to
make
repayment
is
grounds
for
discipline
34
by
the
bar
of
Iowa
and
the
supreme
court.
35
-4-
LSB
5389YH
(3)
90
cm/ns
4/
5
H.F.
2407
The
bill
allows
any
rural
county
or
municipality
to
1
appropriate
moneys
for
the
purpose
of
funding
the
program.
2
The
bill
provides
that
no
recruitment
assistance
agreement
3
entered
into
is
effective
until
it
is
filed
with
and
approved
4
by
the
judicial
branch.
The
agreement
shall
provide
that
the
5
attorney
practice
law
full-time
in
the
eligible
county
or
6
municipality
for
at
least
five
years.
7
The
bill
provides
that
no
person
may
participate
in
the
8
program
if
the
person
has
previously
participated
in
the
9
program,
or
any
other
state
or
federal
scholarship,
loan
10
repayment,
or
tuition
reimbursement
program
that
obligates
the
11
person
to
provide
attorney
services
within
an
underserved
area.
12
The
bill
requires
the
judicial
branch
to
annually
file
a
13
report
with
the
general
assembly
about
the
program.
14
A
rural
attorney
recruitment
assistance
program
fund
is
15
created
and
moneys
in
the
fund
are
appropriated
to
the
judicial
16
branch
to
be
used
for
the
program
and
to
increase
the
number
17
of
attorneys
in
the
program.
The
program
is
limited
to
five
18
attorneys
in
the
first
year.
19
-5-
LSB
5389YH
(3)
90
cm/ns
5/
5
