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House File 209 - IntroducedA Bill ForAn Act 1creating a rural attorney recruitment assistance
2program, and making appropriations.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 256.231 Rural attorney recruitment
2assistance program — fund.
31. Program created. The college student aid commission
4shall establish a program to assist rural counties and
5municipalities in recruiting attorneys.
62. Application. Each interested county or municipality
7must apply to the college student aid commission to be included
8in the rural attorney recruitment assistance program. Before
9making a determination of eligibility, the college student aid
10commission shall conduct a county or municipality assessment
11designed to evaluate the county’s or municipality’s need for an
12attorney and the county’s or municipality’s ability to sustain
13and support an attorney. The college student aid commission
14shall maintain a list of counties and municipalities that
15have been assessed and are eligible for participation in the
16program. The college student aid commission may revise any
17county or municipality assessment or conduct a new assessment
18as necessary to reflect any change in conditions within a
19county or municipality.
203. County or municipality eligible to participate. A county
21or municipality is eligible to participate in the program if
22all of the following are true:
23a. The county or municipality has a population of less than
24twenty-six thousand and is located more than twenty miles from
25a city with a population of at least fifty thousand, based on
26the 2020 federal decennial census.
27b. The county or municipality agrees to provide the county’s
28or municipality’s portion of the incentive payment pursuant
29to the provisions of this section. Such payments shall be in
30addition to the advertised salary and benefits of the attorney
31position.
32c. The college student aid commission determines the county
33or municipality is eligible.
344. Incentive payment to participating attorneys. Any
35attorney who is selected to enter into an agreement and who, in
-1-1conjunction with the eligible county or municipality, fulfills
2the requirements of the program is entitled to receive an
3incentive payment in five equal annual installments, each in
4an amount equal to ninety percent of the annual university of
5Iowa college of law resident tuition and fees as determined on
6July 1, 2026.
75. Agreement for payment of recruitment assistance.
8a. Any agreement for the payment of recruitment assistance
9pursuant to this section must obligate the rural county or
10municipality served by the attorney to provide thirty-five
11percent of the total amount of the incentive payments in
12five equal annual installments. After the rural county or
13municipality certifies to the college student aid commission
14that the county or municipality has paid the attorney the
15required amount, the college student aid commission shall
16pay to the attorney the remaining balance. The college
17student aid commission shall pay the required amount out of
18moneys appropriated pursuant to this section. A county or
19municipality may prepay its portion of the incentive payments
20at any time during the five-year period. The college student
21aid commission shall only pay upon completion of each annual
22employment obligation. A county or municipality may include
23provisions in the agreement that the county or municipality
24determines are necessary to attract and retain the attorney,
25including provisions that implement residency requirements.
26b. The agreement must require the attorney to do all of the
27following:
28(1) Become a contract attorney with the office of the state
29public defender and designate the minimum number of hours that
30the attorney must provide as a contract attorney during each
31calendar year during the contract period.
32(2) Participate in volunteer lawyer projects through
33nonprofit organizations providing critical legal assistance to
34low-income and vulnerable Iowans.
356. County and municipality funding. Any eligible county
-2-1or municipality may appropriate moneys for the purpose of
2carrying out the provisions of this section. An eligible
3county or municipality may enter an agreement with any county,
4municipality, school district, or nonprofit entity to assist
5the county or municipality in carrying out the provisions of
6this section.
77. Filing and approval of recruitment assistance
8agreement. A recruitment assistance agreement entered into
9pursuant to this section is not effective until it is filed
10with and approved by the college student aid commission. The
11agreement must provide that the attorney practice law full-time
12in the eligible county or municipality for at least five years.
138. Ineligibility for participation in other programs. A
14person shall not participate in the program if the person has
15previously participated in the program, or any other state or
16federal scholarship, loan repayment, or tuition reimbursement
17program that obligates the person to provide attorney services
18within an underserved area.
199. Fund established. A rural attorney recruitment
20assistance program fund is created in the state treasury under
21the control of the college student aid commission. The college
22Student aid commission may accept gifts, grants, bequests,
23and other private contributions, as well as state or federal
24moneys, for deposit in the fund. The college student aid
25commission shall remit all repayments made pursuant to this
26section to the fund. All moneys deposited or paid into the
27fund are appropriated to the college student aid commission
28to be used for meeting the requirements of this section
29and increasing the number of attorneys participating in the
30program. During a fiscal year, up to five percent of the
31moneys in the fund may be used by the college student aid
32commission to cover implementation and administration costs
33associated with this section. Notwithstanding section 8.33,
34moneys in the fund that remain unencumbered or unobligated
35at the close of a fiscal year shall not revert but shall
-3-1remain available for expenditure for the purposes designated.
2Notwithstanding section 12C.7, subsection 2, interest or
3earnings on moneys in the fund shall be credited to the fund.
410. Rules. The college student aid commission shall adopt
5rules to administer this section.
611. Limitation. The program shall not provide assistance
7for more than five attorneys. This subsection is repealed July
81, 2026.
9 Sec. 2. CODE EDITOR DIRECTIVE. The Code editor shall
10designate section 256.231, as enacted in this Act, as a new
11subpart within chapter 256, subchapter VII, part 4, entitled
12“rural attorney recruitment assistance program”.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill creates the rural attorney recruitment assistance
17program. The bill requires the college student aid commission
18(commission) to establish a program for attorneys to assist
19rural counties and municipalities in recruiting attorneys.
20The bill requires each interested county or municipality to
21apply to the commission. The commission is required to conduct
22a county or municipality assessment designed to evaluate
23the county’s or municipality’s need for an attorney and the
24county’s or municipality’s ability to sustain and support an
25attorney before admitting a county or municipality into the
26program. The bill requires the commission to maintain a list
27of counties and municipalities that have been assessed and are
28eligible for participation in the program. The commission is
29allowed to revise any county or municipality assessment or
30conduct a new assessment as necessary to reflect any change in
31conditions within a county or municipality.
32The bill provides that a county or municipality is eligible
33to participate in the program if it has a population of less
34than 26,000 and is located more than 20 miles from a city with
35a population of at least 50,000, based on the 2020 federal
-4-1decennial census.
2The bill provides that any attorney who fulfills the
3requirements of the program is entitled to receive an incentive
4payment in five equal annual installments, each in an amount
5equal to 90 percent of the university of Iowa college of law
6resident tuition and fees as determined on July 1, 2026. This
7is in addition to the advertised salary and benefits for the
8attorney position.
9The bill provides that any agreement for payment under
10the program shall obligate the county or municipality served
11by the attorney to pay 35 percent of the total amount of the
12incentive payments in five equal annual installments. The bill
13requires the commission, upon certification that the county
14or municipality has paid the attorney the annual amount to
15the commission, to pay the attorney the remaining balance.
16The bill provides that the commission shall pay the required
17amount out of moneys appropriated from the state. The bill
18further provides that a county or municipality may prepay
19its portion of the incentive payment at any time during the
20five-year period. The bill requires the agreement to require
21the attorney to become a contract attorney with the office of
22the state public defender, designate the minimum number of
23hours that the attorney must provide as a contract attorney,
24and agree to participate in volunteer lawyer projects.
25The bill allows any rural county or municipality to
26appropriate moneys for the purpose of funding the program.
27The bill provides that no recruitment assistance agreement
28entered into is effective until it is filed with and approved
29by the commission. The agreement shall provide that the
30attorney practice law full-time in the eligible county or
31municipality for at least five years.
32The bill provides that no person may participate in the
33program if the person has previously participated in the
34program, or any other state or federal scholarship, loan
35repayment, or tuition reimbursement program that obligates the
-5-1person to provide attorney services within an underserved area.
2A rural attorney recruitment assistance program fund
3is created and moneys in the fund are appropriated to the
4commission to be used for the program and to increase the
5number of attorneys in the program. The program is limited to
6five attorneys in the first year.
-6-jda/jh
2program, and making appropriations.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 256.231 Rural attorney recruitment
2assistance program — fund.
31. Program created. The college student aid commission
4shall establish a program to assist rural counties and
5municipalities in recruiting attorneys.
62. Application. Each interested county or municipality
7must apply to the college student aid commission to be included
8in the rural attorney recruitment assistance program. Before
9making a determination of eligibility, the college student aid
10commission shall conduct a county or municipality assessment
11designed to evaluate the county’s or municipality’s need for an
12attorney and the county’s or municipality’s ability to sustain
13and support an attorney. The college student aid commission
14shall maintain a list of counties and municipalities that
15have been assessed and are eligible for participation in the
16program. The college student aid commission may revise any
17county or municipality assessment or conduct a new assessment
18as necessary to reflect any change in conditions within a
19county or municipality.
203. County or municipality eligible to participate. A county
21or municipality is eligible to participate in the program if
22all of the following are true:
23a. The county or municipality has a population of less than
24twenty-six thousand and is located more than twenty miles from
25a city with a population of at least fifty thousand, based on
26the 2020 federal decennial census.
27b. The county or municipality agrees to provide the county’s
28or municipality’s portion of the incentive payment pursuant
29to the provisions of this section. Such payments shall be in
30addition to the advertised salary and benefits of the attorney
31position.
32c. The college student aid commission determines the county
33or municipality is eligible.
344. Incentive payment to participating attorneys. Any
35attorney who is selected to enter into an agreement and who, in
-1-1conjunction with the eligible county or municipality, fulfills
2the requirements of the program is entitled to receive an
3incentive payment in five equal annual installments, each in
4an amount equal to ninety percent of the annual university of
5Iowa college of law resident tuition and fees as determined on
6July 1, 2026.
75. Agreement for payment of recruitment assistance.
8a. Any agreement for the payment of recruitment assistance
9pursuant to this section must obligate the rural county or
10municipality served by the attorney to provide thirty-five
11percent of the total amount of the incentive payments in
12five equal annual installments. After the rural county or
13municipality certifies to the college student aid commission
14that the county or municipality has paid the attorney the
15required amount, the college student aid commission shall
16pay to the attorney the remaining balance. The college
17student aid commission shall pay the required amount out of
18moneys appropriated pursuant to this section. A county or
19municipality may prepay its portion of the incentive payments
20at any time during the five-year period. The college student
21aid commission shall only pay upon completion of each annual
22employment obligation. A county or municipality may include
23provisions in the agreement that the county or municipality
24determines are necessary to attract and retain the attorney,
25including provisions that implement residency requirements.
26b. The agreement must require the attorney to do all of the
27following:
28(1) Become a contract attorney with the office of the state
29public defender and designate the minimum number of hours that
30the attorney must provide as a contract attorney during each
31calendar year during the contract period.
32(2) Participate in volunteer lawyer projects through
33nonprofit organizations providing critical legal assistance to
34low-income and vulnerable Iowans.
356. County and municipality funding. Any eligible county
-2-1or municipality may appropriate moneys for the purpose of
2carrying out the provisions of this section. An eligible
3county or municipality may enter an agreement with any county,
4municipality, school district, or nonprofit entity to assist
5the county or municipality in carrying out the provisions of
6this section.
77. Filing and approval of recruitment assistance
8agreement. A recruitment assistance agreement entered into
9pursuant to this section is not effective until it is filed
10with and approved by the college student aid commission. The
11agreement must provide that the attorney practice law full-time
12in the eligible county or municipality for at least five years.
138. Ineligibility for participation in other programs. A
14person shall not participate in the program if the person has
15previously participated in the program, or any other state or
16federal scholarship, loan repayment, or tuition reimbursement
17program that obligates the person to provide attorney services
18within an underserved area.
199. Fund established. A rural attorney recruitment
20assistance program fund is created in the state treasury under
21the control of the college student aid commission. The college
22Student aid commission may accept gifts, grants, bequests,
23and other private contributions, as well as state or federal
24moneys, for deposit in the fund. The college student aid
25commission shall remit all repayments made pursuant to this
26section to the fund. All moneys deposited or paid into the
27fund are appropriated to the college student aid commission
28to be used for meeting the requirements of this section
29and increasing the number of attorneys participating in the
30program. During a fiscal year, up to five percent of the
31moneys in the fund may be used by the college student aid
32commission to cover implementation and administration costs
33associated with this section. Notwithstanding section 8.33,
34moneys in the fund that remain unencumbered or unobligated
35at the close of a fiscal year shall not revert but shall
-3-1remain available for expenditure for the purposes designated.
2Notwithstanding section 12C.7, subsection 2, interest or
3earnings on moneys in the fund shall be credited to the fund.
410. Rules. The college student aid commission shall adopt
5rules to administer this section.
611. Limitation. The program shall not provide assistance
7for more than five attorneys. This subsection is repealed July
81, 2026.
9 Sec. 2. CODE EDITOR DIRECTIVE. The Code editor shall
10designate section 256.231, as enacted in this Act, as a new
11subpart within chapter 256, subchapter VII, part 4, entitled
12“rural attorney recruitment assistance program”.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill creates the rural attorney recruitment assistance
17program. The bill requires the college student aid commission
18(commission) to establish a program for attorneys to assist
19rural counties and municipalities in recruiting attorneys.
20The bill requires each interested county or municipality to
21apply to the commission. The commission is required to conduct
22a county or municipality assessment designed to evaluate
23the county’s or municipality’s need for an attorney and the
24county’s or municipality’s ability to sustain and support an
25attorney before admitting a county or municipality into the
26program. The bill requires the commission to maintain a list
27of counties and municipalities that have been assessed and are
28eligible for participation in the program. The commission is
29allowed to revise any county or municipality assessment or
30conduct a new assessment as necessary to reflect any change in
31conditions within a county or municipality.
32The bill provides that a county or municipality is eligible
33to participate in the program if it has a population of less
34than 26,000 and is located more than 20 miles from a city with
35a population of at least 50,000, based on the 2020 federal
-4-1decennial census.
2The bill provides that any attorney who fulfills the
3requirements of the program is entitled to receive an incentive
4payment in five equal annual installments, each in an amount
5equal to 90 percent of the university of Iowa college of law
6resident tuition and fees as determined on July 1, 2026. This
7is in addition to the advertised salary and benefits for the
8attorney position.
9The bill provides that any agreement for payment under
10the program shall obligate the county or municipality served
11by the attorney to pay 35 percent of the total amount of the
12incentive payments in five equal annual installments. The bill
13requires the commission, upon certification that the county
14or municipality has paid the attorney the annual amount to
15the commission, to pay the attorney the remaining balance.
16The bill provides that the commission shall pay the required
17amount out of moneys appropriated from the state. The bill
18further provides that a county or municipality may prepay
19its portion of the incentive payment at any time during the
20five-year period. The bill requires the agreement to require
21the attorney to become a contract attorney with the office of
22the state public defender, designate the minimum number of
23hours that the attorney must provide as a contract attorney,
24and agree to participate in volunteer lawyer projects.
25The bill allows any rural county or municipality to
26appropriate moneys for the purpose of funding the program.
27The bill provides that no recruitment assistance agreement
28entered into is effective until it is filed with and approved
29by the commission. The agreement shall provide that the
30attorney practice law full-time in the eligible county or
31municipality for at least five years.
32The bill provides that no person may participate in the
33program if the person has previously participated in the
34program, or any other state or federal scholarship, loan
35repayment, or tuition reimbursement program that obligates the
-5-1person to provide attorney services within an underserved area.
2A rural attorney recruitment assistance program fund
3is created and moneys in the fund are appropriated to the
4commission to be used for the program and to increase the
5number of attorneys in the program. The program is limited to
6five attorneys in the first year.
-6-jda/jh