HF 2407 (LSB 5389YH (3) 90)

HOUSE FILE 2407

BY  LOHSE

A BILL FOR

An Act creating a rural attorney recruitment assistance program, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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