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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
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