Senate File 2247 - Introduced
SENATE FILE
BY KIBBIE, BLACK, STEWART,
CONNOLLY, BOLKCOM, RAGAN,
BEALL, DVORSKY, DANIELSON,
HATCH, DOTZLER, HORN, SENG,
HANCOCK, RIELLY, DEARDEN,
SCHOENJAHN, WOOD, FRAISE, and
GRONSTAL
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act creating veteran's bonuses for service during the Vietnam
2 Conflict, Persian Gulf Conflict, Afghanistan Conflict, and the
3 Iraqi Conflict for a certain period of active duty military
4 service, providing tax exemptions and a penalty.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5989XS 81
7 ec/gg/14
PAG LIN
1 1 Section 1. Section 35A.8, Code Supplement 2005, is amended
1 2 by adding the following new subsections:
1 3 NEW SUBSECTION. 5. a. The executive director shall
1 4 provide for the administration of the bonus authorized in this
1 5 subsection. The commission shall adopt rules, pursuant to
1 6 chapter 17A, as necessary to administer this subsection
1 7 including but not limited to application procedures and
1 8 procedures for the investigation, approval or disapproval, and
1 9 payment of claims.
1 10 b. (1) A person who served on active duty for not less
1 11 than one hundred twenty days in the armed forces of the United
1 12 States at any time between July 1, 1973, and May 31, 1975,
1 13 both dates inclusive, and who at the time of entering into
1 14 active duty service was a legal resident of the state of Iowa,
1 15 and who had maintained the person's residence in this state
1 16 for a period of at least six months immediately before
1 17 entering into active duty service, and was honorably
1 18 discharged or separated from active duty service, or is still
1 19 in active service in an honorable status, or has been retired,
1 20 or has been furloughed to a reserve, or has been placed on
1 21 inactive status, is entitled to receive from moneys
1 22 appropriated for that purpose the sum of seventeen dollars and
1 23 fifty cents for each month that the person was on active duty
1 24 service in the Vietnam service area, within the dates
1 25 specified in this subparagraph, if the veteran earned either a
1 26 Vietnam service medal or an armed forces expeditionary medal=
1 27 Vietnam or can otherwise establish service in the Vietnam
1 28 service area during that period. Compensation under this
1 29 subparagraph shall not exceed a total sum of five hundred
1 30 dollars. Compensation for a fraction of a month shall not be
1 31 considered unless the fraction is sixteen days or more, in
1 32 which case the fraction shall be computed as a full month.
1 33 (2) A person otherwise qualified under this paragraph "b"
1 34 except that the person did not earn either a Vietnam service
1 35 medal or an armed forces expeditionary medal=Vietnam, and did
2 1 not serve in the Vietnam service area during the period
2 2 between July 1, 1973, and May 31, 1975, both dates inclusive,
2 3 is entitled to receive from moneys appropriated for that
2 4 purpose the sum of twelve dollars and fifty cents for each
2 5 month that the person was on active duty service, within the
2 6 dates specified in subparagraph (1). Compensation under this
2 7 subparagraph shall not exceed a total sum of three hundred
2 8 dollars. Compensation for a fraction of a month shall not be
2 9 considered unless the fraction is sixteen days or more, in
2 10 which case the fraction shall be computed as a full month.
2 11 (3) A person is not entitled to compensation pursuant to
2 12 this subsection if the person received a bonus or compensation
2 13 similar to that provided in this subsection from another
2 14 state.
2 15 (4) A person is not entitled to compensation pursuant to
2 16 this subsection if the person was on active duty service after
2 17 July 1, 1973, and the person refused on conscientious,
2 18 political, religious, or other grounds, to be subject to
2 19 military discipline.
2 20 (5) The surviving unremarried widow or widower, child or
2 21 children, mother, father, or person standing in loco parentis,
2 22 in the order named and none other, of any deceased person,
2 23 shall be paid the compensation that the deceased person would
2 24 be entitled to pursuant to this subsection, if living.
2 25 However, if any person has died or shall die, or is disabled,
2 26 from service=connected causes incurred during the period and
2 27 in the area from which the person is entitled to receive
2 28 compensation pursuant to this subsection, the person or the
2 29 first survivor as designated by this subparagraph, and in the
2 30 order named, shall be paid five hundred dollars or three
2 31 hundred dollars, whichever maximum amount would have applied
2 32 pursuant to subparagraph (1) or (2), regardless of the length
2 33 of service.
2 34 c. A person who knowingly makes a false statement relating
2 35 to a material fact in supporting an application under this
3 1 subsection is guilty of a serious misdemeanor. A person
3 2 convicted pursuant to this subsection shall forfeit all
3 3 benefits to which the person may have been entitled under this
3 4 subsection.
3 5 d. All payments and allowances made under this subsection
3 6 shall be exempt from taxation, levy, and sale on execution.
3 7 e. The bonus compensation authorized under this subsection
3 8 shall be paid from moneys appropriated for that purpose.
3 9 f. A Vietnam Conflict veterans bonus fund is created in
3 10 the state treasury. The Vietnam Conflict veterans bonus fund
3 11 shall consist of all moneys appropriated to the fund to pay
3 12 the bonus compensation authorized in this subsection.
3 13 Notwithstanding section 12C.7, interest or earnings on
3 14 investments or time deposits of the moneys in the Vietnam
3 15 Conflict veterans bonus fund shall be credited to the bonus
3 16 fund. Section 8.33 does not apply to moneys appropriated to
3 17 the Vietnam Conflict veterans bonus fund.
3 18 NEW SUBSECTION. 6. a. The executive director shall
3 19 provide for the administration of the bonus authorized in this
3 20 subsection. The commission shall adopt rules, pursuant to
3 21 chapter 17A, as necessary to administer this subsection
3 22 including but not limited to application procedures and
3 23 procedures for the investigation, approval or disapproval, and
3 24 payment of claims.
3 25 b. (1) A person who served on active duty for not less
3 26 than one hundred twenty days in the armed forces of the United
3 27 States at any time between August 2, 1990, and November 30,
3 28 1995, both dates inclusive, and who at the time of entering
3 29 into active duty service was a legal resident of the state of
3 30 Iowa, and who had maintained the person's residence in this
3 31 state for a period of at least six months immediately before
3 32 entering into active duty service, and was honorably
3 33 discharged or separated from active duty service, or is still
3 34 in active service in an honorable status, or has been retired,
3 35 or has been furloughed to a reserve, or has been placed on
4 1 inactive status, is entitled to receive from moneys
4 2 appropriated for that purpose the sum of seventeen dollars and
4 3 fifty cents for each month that the person was on active duty
4 4 service in the Persian Gulf Conflict, within the dates
4 5 specified in this subparagraph, if the veteran earned a
4 6 national defense service medal for service in the Persian Gulf
4 7 Conflict or can otherwise establish service in the Persian
4 8 Gulf Conflict during that period. Compensation under this
4 9 subparagraph shall not exceed a total sum of five hundred
4 10 dollars. Compensation for a fraction of a month shall not be
4 11 considered unless the fraction is sixteen days or more, in
4 12 which case the fraction shall be computed as a full month.
4 13 (2) A person is not entitled to compensation pursuant to
4 14 this subsection if the person received a bonus or compensation
4 15 similar to that provided in this subsection from another
4 16 state.
4 17 (3) The surviving unremarried widow or widower, child or
4 18 children, mother, father, or person standing in loco parentis,
4 19 in the order named and none other, of any deceased person,
4 20 shall be paid the compensation that the deceased person would
4 21 be entitled to pursuant to this subsection, if living.
4 22 However, if any person has died or shall die, or is disabled,
4 23 from service=connected causes incurred during the period and
4 24 in the area from which the person is entitled to receive
4 25 compensation pursuant to this subsection, the person or the
4 26 first survivor as designated by this subparagraph, and in the
4 27 order named, shall be paid five hundred dollars, regardless of
4 28 the length of service.
4 29 c. A person who knowingly makes a false statement relating
4 30 to a material fact in supporting an application under this
4 31 subsection is guilty of a serious misdemeanor. A person
4 32 convicted pursuant to this subsection shall forfeit all
4 33 benefits to which the person may have been entitled under this
4 34 subsection.
4 35 d. All payments and allowances made under this subsection
5 1 shall be exempt from taxation, levy, and sale on execution.
5 2 e. The bonus compensation authorized under this subsection
5 3 shall be paid from moneys appropriated for that purpose.
5 4 f. A Persian Gulf Conflict veterans bonus fund is created
5 5 in the state treasury. The Persian Gulf Conflict veterans
5 6 bonus fund shall consist of all moneys appropriated to the
5 7 fund to pay the bonus compensation authorized in this
5 8 subsection. Notwithstanding section 12C.7, interest or
5 9 earnings on investments or time deposits of the moneys in the
5 10 Persian Gulf Conflict veterans bonus fund shall be credited to
5 11 the bonus fund. Section 8.33 does not apply to moneys
5 12 appropriated to the Persian Gulf Conflict veterans bonus fund.
5 13 NEW SUBSECTION. 7. a. The executive director shall
5 14 provide for the administration of the bonus authorized in this
5 15 subsection. The commission shall adopt rules, pursuant to
5 16 chapter 17A, as necessary to administer this subsection
5 17 including but not limited to application procedures and
5 18 procedures for the investigation, approval or disapproval, and
5 19 payment of claims.
5 20 b. (1) A person who served on active duty for not less
5 21 than one hundred twenty days in the armed forces of the United
5 22 States at any time between October 24, 2001, and ending on the
5 23 date the president or the Congress of the United States
5 24 declares a cessation of hostilities, both dates inclusive, and
5 25 who at the time of entering into active duty service was a
5 26 legal resident of the state of Iowa, and who had maintained
5 27 the person's residence in this state for a period of at least
5 28 six months immediately before entering into active duty
5 29 service, and was honorably discharged or separated from active
5 30 duty service, or is still in active service in an honorable
5 31 status, or has been retired, or has been furloughed to a
5 32 reserve, or has been placed on inactive status, is entitled to
5 33 receive from moneys appropriated for that purpose the sum of
5 34 seventeen dollars and fifty cents for each month that the
5 35 person was on active duty service in the Afghanistan Conflict,
6 1 within the dates specified in this subparagraph, if the
6 2 veteran earned an Afghanistan Campaign Medal for service in
6 3 the Afghanistan Conflict or can otherwise establish service in
6 4 the Afghanistan Conflict during that period. Compensation
6 5 under this subparagraph shall not exceed a total sum of five
6 6 hundred dollars. Compensation for a fraction of a month shall
6 7 not be considered unless the fraction is sixteen days or more,
6 8 in which case the fraction shall be computed as a full month.
6 9 (2) A person is not entitled to compensation pursuant to
6 10 this subsection if the person received a bonus or compensation
6 11 similar to that provided in this subsection from another
6 12 state.
6 13 (3) The surviving unremarried widow or widower, child or
6 14 children, mother, father, or person standing in loco parentis,
6 15 in the order named and none other, of any deceased person,
6 16 shall be paid the compensation that the deceased person would
6 17 be entitled to pursuant to this subsection, if living.
6 18 However, if any person has died or shall die, or is disabled,
6 19 from service=connected causes incurred during the period and
6 20 in the area from which the person is entitled to receive
6 21 compensation pursuant to this subsection, the person or the
6 22 first survivor as designated by this subparagraph, and in the
6 23 order named, shall be paid five hundred dollars, regardless of
6 24 the length of service.
6 25 c. A person who knowingly makes a false statement relating
6 26 to a material fact in supporting an application under this
6 27 subsection is guilty of a serious misdemeanor. A person
6 28 convicted pursuant to this subsection shall forfeit all
6 29 benefits to which the person may have been entitled under this
6 30 subsection.
6 31 d. All payments and allowances made under this subsection
6 32 shall be exempt from taxation, levy, and sale on execution.
6 33 e. The bonus compensation authorized under this subsection
6 34 shall be paid from moneys appropriated for that purpose.
6 35 f. An Afghanistan Conflict veterans bonus fund is created
7 1 in the state treasury. The Afghanistan Conflict veterans
7 2 bonus fund shall consist of all moneys appropriated to the
7 3 fund to pay the bonus compensation authorized in this
7 4 subsection. Notwithstanding section 12C.7, interest or
7 5 earnings on investments or time deposits of the moneys in the
7 6 Afghanistan Conflict veterans bonus fund shall be credited to
7 7 the bonus fund. Section 8.33 does not apply to moneys
7 8 appropriated to the Afghanistan Conflict veterans bonus fund.
7 9 NEW SUBSECTION. 8. a. The executive director shall
7 10 provide for the administration of the bonus authorized in this
7 11 subsection. The commission shall adopt rules, pursuant to
7 12 chapter 17A, as necessary to administer this subsection
7 13 including but not limited to application procedures and
7 14 procedures for the investigation, approval or disapproval, and
7 15 payment of claims.
7 16 b. (1) A person who served on active duty for not less
7 17 than one hundred twenty days in the armed forces of the United
7 18 States at any time between March 19, 2003, and ending on the
7 19 date the president or the Congress of the United States
7 20 declares a cessation of hostilities, both dates inclusive, and
7 21 who at the time of entering into active duty service was a
7 22 legal resident of the state of Iowa, and who had maintained
7 23 the person's residence in this state for a period of at least
7 24 six months immediately before entering into active duty
7 25 service, and was honorably discharged or separated from active
7 26 duty service, or is still in active service in an honorable
7 27 status, or has been retired, or has been furloughed to a
7 28 reserve, or has been placed on inactive status, is entitled to
7 29 receive from moneys appropriated for that purpose the sum of
7 30 seventeen dollars and fifty cents for each month that the
7 31 person was on active duty service in the Iraqi Conflict,
7 32 within the dates specified in this subparagraph, if the
7 33 veteran earned an Iraq Campaign medal for service in the Iraqi
7 34 Conflict or can otherwise establish service in the Iraqi
7 35 Conflict during that period. Compensation under this
8 1 subparagraph shall not exceed a total sum of five hundred
8 2 dollars. Compensation for a fraction of a month shall not be
8 3 considered unless the fraction is sixteen days or more, in
8 4 which case the fraction shall be computed as a full month.
8 5 (2) A person is not entitled to compensation pursuant to
8 6 this subsection if the person received a bonus or compensation
8 7 similar to that provided in this subsection from another
8 8 state.
8 9 (3) The surviving unremarried widow or widower, child or
8 10 children, mother, father, or person standing in loco parentis,
8 11 in the order named and none other, of any deceased person,
8 12 shall be paid the compensation that the deceased person would
8 13 be entitled to pursuant to this subsection, if living.
8 14 However, if any person has died or shall die, or is disabled,
8 15 from service=connected causes incurred during the period and
8 16 in the area from which the person is entitled to receive
8 17 compensation pursuant to this subsection, the person or the
8 18 first survivor as designated by this subparagraph, and in the
8 19 order named, shall be paid five hundred dollars, regardless of
8 20 the length of service.
8 21 c. A person who knowingly makes a false statement relating
8 22 to a material fact in supporting an application under this
8 23 subsection is guilty of a serious misdemeanor. A person
8 24 convicted pursuant to this subsection shall forfeit all
8 25 benefits to which the person may have been entitled under this
8 26 subsection.
8 27 d. All payments and allowances made under this subsection
8 28 shall be exempt from taxation, levy, and sale on execution.
8 29 e. The bonus compensation authorized under this subsection
8 30 shall be paid from moneys appropriated for that purpose.
8 31 f. An Iraqi Conflict veterans bonus fund is created in the
8 32 state treasury. The Iraqi Conflict veterans bonus fund shall
8 33 consist of all moneys appropriated to the fund to pay the
8 34 bonus compensation authorized in this subsection.
8 35 Notwithstanding section 12C.7, interest or earnings on
9 1 investments or time deposits of the moneys in the Iraqi
9 2 Conflict veterans bonus fund shall be credited to the bonus
9 3 fund. Section 8.33 does not apply to moneys appropriated to
9 4 the Iraqi Conflict veterans bonus fund.
9 5 EXPLANATION
9 6 This bill creates several veteran's bonuses. The bill
9 7 provides a Vietnam Conflict veteran's bonus for persons who
9 8 served on active duty in the United States armed forces from
9 9 July 1, 1973, through May 31, 1975, a Persian Gulf Conflict
9 10 veteran's bonus for persons who served on active duty in the
9 11 United States armed forces from August 2, 1990, through
9 12 November 30, 1995, in the Persian Gulf Conflict, an
9 13 Afghanistan Conflict veteran's bonus for service during that
9 14 conflict beginning on October 24, 2001, and an Iraqi Conflict
9 15 veteran's bonus for service during that conflict beginning
9 16 March 19, 2003. Eligible persons may receive $17.50 for each
9 17 month that the person was on active duty in the Vietnam
9 18 service area, the Persian Gulf Conflict, the Afghanistan
9 19 Conflict, or the Iraqi Conflict within the dates specified,
9 20 not to exceed a total sum of $500. Persons who served on
9 21 active duty during the specified period for the Vietnam
9 22 service bonus only but not in the Vietnam service area may
9 23 receive $12.50 per month, not to exceed $300. The bonus
9 24 payments are exempt from taxation, levy, and execution. A
9 25 criminal penalty is provided for a submission of a fraudulent
9 26 application for the bonus.
9 27 LSB 5989XS 81
9 28 ec:nh/gg/14