Text: SSB3295
Text: SSB3297
Senate Study Bill 3296
SENATE FILE
BY (PROPOSED COMMITTEE ON
WAYS AND MEANS BILL BY
CHAIRPERSON BOLKCOM)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing a minimum annual salary for a county attorney
2 and requiring a county to use certain funds to ensure that the
3 minimum salary requirement for a county attorney is satisfied.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6646XC 82
6 md/sc/24
PAG LIN
1 1 Section 1. Section 331.752, subsection 5, Code 2007, is
1 2 amended to read as follows:
1 3 5. The resolution changing the status of a county attorney
1 4 shall state the initial annual salary to be paid to the county
1 5 attorney when the full=time or part=time status is effective.
1 6 The annual salary specified in the resolution shall remain
1 7 effective until changed as provided in section 331.907.
1 8 Except in counties having a population of more than two
1 9 hundred thousand, the annual salary of a full=time county
1 10 attorney shall be an amount which is between forty=five
1 11 percent and one hundred percent of the annual salary received
1 12 by a district court judge.
1 13 Sec. 2. NEW SECTION. 331.752A MINIMUM SALARY FOR COUNTY
1 14 ATTORNEY.
1 15 The minimum annual salary of a county attorney shall be
1 16 determined based upon the population of the county and
1 17 calculated as a percentage of the annual salary received by a
1 18 district judge as follows:
1 19 1. a. For the fiscal year beginning July 1, 2008, the
1 20 minimum annual salary for a full=time county attorney is
1 21 calculated as follows:
1 22 (1) A county with a population of up to twenty=six
1 23 thousand, sixty percent.
1 24 (2) A county with a population of more than twenty=six
1 25 thousand up to fifty thousand, seventy percent.
1 26 (3) A county with a population of more than fifty thousand
1 27 up to one hundred thousand, eighty percent.
1 28 (4) A county with a population of more than one hundred
1 29 thousand, eighty=five percent.
1 30 b. For the fiscal year beginning July 1, 2009, the minimum
1 31 annual salary for a full=time county attorney is calculated as
1 32 follows:
1 33 (1) A county with a population of up to twenty=six
1 34 thousand, sixty=five percent.
1 35 (2) A county with a population of more than twenty=six
2 1 thousand up to fifty thousand, seventy=five percent.
2 2 (3) A county with a population of more than fifty thousand
2 3 up to one hundred thousand, eighty=five percent.
2 4 (4) A county with a population of more than one hundred
2 5 thousand, ninety percent.
2 6 c. For the fiscal year beginning July 1, 2010, and
2 7 succeeding fiscal years, the minimum annual salary for a
2 8 full=time county attorney is calculated as follows:
2 9 (1) A county with a population of up to twenty=six
2 10 thousand, seventy percent.
2 11 (2) A county with a population of more than twenty=six
2 12 thousand up to fifty thousand, eighty percent.
2 13 (3) A county with a population of more than fifty thousand
2 14 up to one hundred thousand, ninety percent.
2 15 (4) A county with a population of more than one hundred
2 16 thousand, ninety=five percent.
2 17 2. a. For the fiscal year beginning July 1, 2008, the
2 18 minimum annual salary of a part=time county attorney is
2 19 calculated as follows:
2 20 (1) A county with a population of up to twenty=six
2 21 thousand, forty=five percent.
2 22 (2) A county with a population of more than twenty=six
2 23 thousand up to fifty thousand, fifty=five percent.
2 24 (3) A county with a population of more than fifty thousand
2 25 up to one hundred thousand, sixty=five percent.
2 26 (4) A county with a population of more than one hundred
2 27 thousand, seventy=five percent.
2 28 b. For the fiscal year beginning July 1, 2009, the minimum
2 29 annual salary of a part=time county attorney is calculated as
2 30 follows:
2 31 (1) A county with a population of up to twenty=six
2 32 thousand, fifty percent.
2 33 (2) A county with a population of more than twenty=six
2 34 thousand up to fifty thousand, sixty percent.
2 35 (3) A county with a population of more than fifty thousand
3 1 up to one hundred thousand, seventy percent.
3 2 (4) A county with a population of more than one hundred
3 3 thousand, eighty percent.
3 4 c. For the fiscal year beginning July 1, 2010, and
3 5 succeeding fiscal years, the minimum annual salary of a
3 6 part=time county attorney is calculated as follows:
3 7 (1) A county with a population of up to twenty=six
3 8 thousand, fifty=five percent.
3 9 (2) A county with a population of more than twenty=six
3 10 thousand up to fifty thousand, sixty=five percent.
3 11 (3) A county with a population of more than fifty thousand
3 12 up to one hundred thousand, seventy=five percent.
3 13 (4) A county with a population of more than one hundred
3 14 thousand, eighty=five percent.
3 15 Sec. 3. Section 331.907, subsections 1 and 2, Code 2007,
3 16 are amended to read as follows:
3 17 1. The annual compensation of the auditor, treasurer,
3 18 recorder, sheriff, county attorney, and supervisors shall be
3 19 determined as provided in this section.
3 20 a. The county compensation board annually shall review the
3 21 compensation paid to comparable officers in other counties of
3 22 this state, other states, private enterprise, and the federal
3 23 government.
3 24 b. In setting the salary of the county sheriff, the county
3 25 compensation board shall consider setting the sheriff's salary
3 26 so that it is comparable to salaries paid to professional law
3 27 enforcement administrators and command officers of the state
3 28 patrol, the division of criminal investigation of the
3 29 department of public safety, and city police agencies in this
3 30 state.
3 31 c. In setting the salary of the county attorney, the
3 32 county compensation board shall consider the required minimum
3 33 salary of county attorneys as set forth in section 331.752A.
3 34 d. The county compensation board shall prepare a
3 35 compensation schedule for the elective county officers for the
4 1 succeeding fiscal year. A recommended compensation schedule
4 2 requires a majority vote of the membership of the county
4 3 compensation board.
4 4 2. At the public hearing held on the county budget as
4 5 provided in section 331.434, the county compensation board
4 6 shall submit its recommended compensation schedule for the
4 7 next fiscal year to the board of supervisors for inclusion in
4 8 the county budget. The board of supervisors shall review the
4 9 recommended compensation schedule for the elected county
4 10 officers and determine the final compensation schedule which
4 11 shall not exceed the compensation schedule recommended by the
4 12 county compensation board. In determining the final
4 13 compensation schedule if the board of supervisors wishes to
4 14 reduce the amount of the recommended compensation schedule,
4 15 the amount of salary increase proposed for each elected county
4 16 officer shall be reduced an equal percentage. However, the
4 17 amount of salary increase for a county attorney shall not be
4 18 reduced by a percentage that would cause the county attorney's
4 19 salary to fall below the applicable minimum amount in section
4 20 331.752A. A copy of the final compensation schedule shall be
4 21 filed with the county budget at the office of the director of
4 22 the department of management. The final compensation schedule
4 23 takes effect on July 1 following its adoption by the board of
4 24 supervisors.
4 25 Sec. 4. Section 602.8107, subsection 4, unnumbered
4 26 paragraph 1, Code Supplement 2007, is amended to read as
4 27 follows:
4 28 4. All fines, penalties, court costs, fees, surcharges,
4 29 and restitution for court=appointed attorney fees or for
4 30 expenses of a public defender which are deemed delinquent by
4 31 the clerk pursuant to subsection 3 may be collected by the
4 32 county attorney or the county attorney's designee.
4 33 Thirty=five Forty percent of the amounts collected by the
4 34 county attorney or the person procured or designated by the
4 35 county attorney shall be deposited in the general fund of the
5 1 county if the county attorney has filed the notice required in
5 2 section 331.756, subsection 5, unless the county attorney has
5 3 discontinued collection efforts on a particular delinquent
5 4 amount. Before moneys collected by the county attorney or the
5 5 person designated by the county attorney and deposited in the
5 6 general fund of the county can be used for any other purpose,
5 7 the county shall apply a portion of the amount collected to
5 8 satisfy the county attorney minimum salary requirements under
5 9 section 331.752A. Up to one million two hundred thousand
5 10 dollars of the remainder shall be paid each fiscal year to the
5 11 clerks for distribution under section 602.8108. If the
5 12 threshold amount of one million two hundred thousand dollars
5 13 has been distributed under section 602.8108, the remainder
5 14 shall be distributed as provided in subsection 5.
5 15 Sec. 5. Section 602.8107, subsection 5, Code Supplement
5 16 2007, is amended to read as follows:
5 17 5. Any additional moneys collected in excess of the
5 18 threshold amount under subsection 4 shall be distributed by
5 19 the state court administrator as follows: thirty=five forty
5 20 percent of any additional moneys collected by the county
5 21 attorney or the person procured or designated by the county
5 22 attorney shall be deposited in the general fund of the county
5 23 where the moneys were collected and shall be used to satisfy
5 24 the county attorney minimum salary requirements under section
5 25 331.752A before the moneys collected may be used for any other
5 26 purpose; thirty=three percent of any additional moneys
5 27 collected by the county attorney or the person procured or
5 28 designated by the county attorney shall be deposited with the
5 29 office of the county attorney that collected the moneys; and
5 30 the remainder shall be paid to the clerk of the district court
5 31 for distribution under section 602.8108 or the state court
5 32 administrator may distribute the remainder under section
5 33 602.8108 if the additional moneys have already been received
5 34 by the state court administrator.
5 35 EXPLANATION
6 1 This bill makes changes relating to the salary of county
6 2 attorneys and the use of certain moneys collected by the
6 3 office of county attorney.
6 4 The bill provides a minimum annual salary to be paid to
6 5 county attorneys. Based upon the population of the county in
6 6 which the county attorney serves, the county attorney shall
6 7 receive an amount which is a percentage of the annual salary
6 8 received by a district judge. The minimum salary requirement
6 9 is phased in over three years, beginning with fiscal year
6 10 2008=2009 and ending with fiscal year 2010=2011. The bill
6 11 addresses both full=time and part=time county attorneys.
6 12 The bill requires the county compensation board to consider
6 13 the minimum salary amounts when setting the salary of the
6 14 county attorney. The bill also prohibits a county board of
6 15 supervisors, in determining the final compensation schedule
6 16 for each elected county officer, from reducing a county
6 17 attorney's salary increase below the applicable minimum
6 18 amounts in Code section 331.752A.
6 19 The bill also requires counties to use the moneys deposited
6 20 in the county's general fund, as a result of the collection of
6 21 fines, penalties, court costs, fees, surcharges, and
6 22 restitution by the county attorney under Code section
6 23 602.8107, to satisfy the county attorney minimum salary
6 24 requirements established under new Code section 331.752A
6 25 before those moneys may be used for another purpose.
6 26 LSB 6646XC 82
6 27 md/sc/24
Text: SSB3295
Text: SSB3297