Text: HF02187 Text: HF02189 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 35.1 DEFINITIONS. 1 2 As used in this chapter and chapters 35A through 35D: 1 3 1. "Commission" means the commission of veterans affairs 1 4 created in section 35A.2. 1 5 2. "Veteran" means a resident of this state and former 1 6 member of the armed forces of the United States who was 1 7 discharged under honorable conditions. "Veteran" includes the 1 8 following persons: 1 9 a. Former members of the reserve forces of the United 1 10 States who served at least six years in the reserve forces 1 11 after January 28, 1973, and who were discharged under 1 12 honorable conditions. 1 13 b. Former members of the Iowa national guard who served at 1 14 least six years in the Iowa national guard and who were 1 15 discharged under honorable conditions. 1 16 c. Former members of the merchant marines who served 1 17 during World War II at any time between December 7, 1941, and 1 18 December 31, 1946, both dates inclusive, who were discharged 1 19 under honorable conditions. 1 20 d. Former members of the women's air force service pilots 1 21 and other persons who have been conferred veterans status 1 22 based on their civilian duties during World War II in 1 23 accordance with federal Pub. L. No. 95-202, 38 U.S.C. } 106. 1 24 Sec. 2. Section 35.8, Code 1995, is amended to read as 1 25 follows: 1 26 35.8 MONEY COMPRISING FUND. 1 27 Any moneyhereafterappropriated for the purpose of aiding 1 28 in the education of children ofhonorably discharged persons1 29who served in the military or naval forces of the United1 30States in World War I or World War IIveterans, as provided by 1 31 this chapter, shall be known as the war orphans educational 1 32 aid fund. 1 33 Sec. 3. Section 35.9, unnumbered paragraph 1, Code 1995, 1 34 is amended to read as follows: 1 35 The commission of veterans affairs may expend not more than 2 1 six hundred dollars per year for any one child who has lived 2 2 in the state of Iowa for two years preceding application for 2 3 aid, and who is the child of apersonveteran who diedduring2 4World War I between the dates of April 6, 1917, and June 2,2 51921, or during World War II between the dates of September2 616, 1940, and December 31, 1946, both dates inclusive, or the2 7Korean Conflict between June 25, 1950, and January 31, 1955,2 8both dates inclusive, or the Vietnam Conflict between August2 95, 1964, and May 7, 1975, both dates inclusive, or the Persian2 10Gulf Conflict at any time between August 2, 1990, and the date2 11the president or the Congress of the United States declares a2 12permanent cessation of hostilities, both dates inclusive,2 13 while serving in themilitary or navalarmed forces of the 2 14 United States, to include members of the reserve components 2 15 performing service or duties required or authorized under 2 16 chapter 39, United States Code andTitle32, United States2 17Code, sectionsU.S.C. } 502 through 505, and active state 2 18 service required or authorized under chapter 29A, or as a 2 19 result ofsuchthe service, to defray the expenses of tuition, 2 20 matriculation, laboratory and similar fees, books and 2 21 supplies, board, lodging, and any other reasonably necessary 2 22 expense for such child or children incident to attendance in 2 23 this state at an educational or training institution of 2 24 college grade, or in a business or vocational training school 2 25 with standards approved by the commission of veterans affairs. 2 26However, if Congress enacts a date different from August 2,2 271990, as the beginning of the Persian Gulf Conflict for2 28purposes of determining whether a veteran is entitled to2 29receive military benefits as a veteran of the Persian Gulf2 30Conflict, that date shall be substituted for August 2, 1990.2 31 Sec. 4. Section 35A.2, subsection 2, Code Supplement 1995, 2 32 is amended to read as follows: 2 33 2. Six commissioners shall behonorably discharged members2 34of the armed forces of the United Statesveterans.The2 35American legion of Iowa, disabled American veterans department3 1of Iowa, veterans of foreign wars department of Iowa, American3 2veterans of World War II, Korea, and Vietnam, the Vietnam3 3veterans of America, and the military order of the purple3 4heart, through their department commanders,All 3 5 congressionally chartered veterans service organizations, as 3 6 recognized by the United States department of veterans 3 7 affairs, which have an established office in this state shall 3 8 submit two names respectively from their organizations to the 3 9 governor. The governor shall appoint from each of the 3 10 organizations one representative to serve as a member of the 3 11 commission, unless the appointments would conflict with the 3 12 bipartisan and gender balance provisions of sections 69.16 and 3 13 69.16A. In addition, the governor shall appoint one memberof3 14the public, knowledgeable in the general field of veterans3 15affairs, to serve on the commissionnominated by the executive 3 16 board of the Iowa association of county commissioners of 3 17 veteran affairs. 3 18 Sec. 5. Section 35A.3, subsection 12, Code Supplement 3 19 1995, is amended to read as follows: 3 20 12. Provide training to county veteran affairs commission 3 21 members, executive directorsof county commissions of veteran3 22affairsand other staff pursuant to section 35B.6. The 3 23 commissionmayshall adopt rules in accordance with chapter 3 24 17A to provide for training of county veteran affairs 3 25 commission members, executive directors, and other staff. 3 26 Sec. 6. Section 35A.8, Code 1995, is amended by adding the 3 27 following new subsection: 3 28 NEW SUBSECTION. 4. a. The executive director shall 3 29 provide for the administration of the bonus authorized in this 3 30 subsection. The executive director shall adopt rules, 3 31 pursuant to chapter 17A, as necessary to administer this 3 32 subsection including, but not limited to, application pro- 3 33 cedures, and investigation, approval or disapproval, and 3 34 payment of claims. 3 35 b. (1) Each person who served on active duty in the 4 1 merchant marine service of the United States, at any time 4 2 between September 16, 1940, and September 2, 1945, both dates 4 3 inclusive, and who served for a period of not less than one 4 4 hundred twenty days on or before December 31, 1946, and who at 4 5 the time of entering into the merchant marine service was a 4 6 legal resident of the state of Iowa, and who had maintained 4 7 the person's residence in this state for a period of at least 4 8 six months immediately before entering the merchant marine 4 9 service and was honorably discharged or separated from the 4 10 merchant marine service, is entitled to receive from moneys 4 11 appropriated for that purpose the sum of twenty-two dollars 4 12 and seventy-five cents for each month that the person was on 4 13 active duty in the merchant marine service, all before 4 14 December 31, 1946, not to exceed a total sum of five hundred 4 15 dollars. Compensation for a fraction of a month shall not be 4 16 considered unless the fraction is sixteen days or more, in 4 17 which case the fraction shall be computed as a full month. 4 18 (2) A person is not entitled to compensation pursuant to 4 19 this subsection if the person received a bonus or compensation 4 20 of a similar nature as provided in this subsection from 4 21 another state. 4 22 (3) A person is not entitled to compensation pursuant to 4 23 this subsection if the person was on active duty in the 4 24 merchant marine service after September 16, 1940, and the 4 25 person refused on conscientious, political, religious, or 4 26 other grounds, to be subject to military discipline. 4 27 (4) The surviving widow or widower, child or children, 4 28 mother, father, or person standing in loco parentis, in the 4 29 order named and none other, of any deceased person, shall be 4 30 paid the compensation that the deceased person would be 4 31 entitled to pursuant to this subsection, if living, but if any 4 32 person has died or shall die, or is disabled, from service- 4 33 connected causes incurred during the period and in the area 4 34 from which the person is entitled to receive compensation 4 35 pursuant to this subsection, the person or the first survivor 5 1 as designated by this subsection and in the order named, shall 5 2 be paid five hundred dollars, regardless of the length of 5 3 service. 5 4 c. A person who knowingly makes a false statement relating 5 5 to a material fact in supporting an application under this 5 6 subsection is guilty of a serious misdemeanor. A person 5 7 convicted pursuant to this subsection shall forfeit all 5 8 benefits to which the person may have been entitled under this 5 9 subsection. 5 10 d. All payments and allowances made under this subsection 5 11 shall be exempt from taxation and from levy and sale on 5 12 execution. 5 13 e. The bonus compensation authorized under this subsection 5 14 shall be paid from moneys appropriated for that purpose. 5 15 Sec. 7. Section 35B.3, Code 1995, is amended to read as 5 16 follows: 5 17 35B.3 COUNTY COMMISSION OF VETERAN AFFAIRS. 5 18 The county commission of veteran affairs shall consist of 5 19 either three or five persons, as determined by the board of 5 20 supervisors, all of whom shall behonorably discharged persons5 21who served in the military or naval forces of the United5 22States in any war, including World War I at any time between5 23April 6, 1917, and November 11, 1918, both dates inclusive;5 24World War II at any time between December 7, 1941, and5 25December 31, 1946, both dates inclusive; the Korean Conflict5 26at any time between June 25, 1950, and January 31, 1955, both5 27dates inclusive; the Vietnam Conflict at any time between5 28December 22, 1961, and May 7, 1975, both dates inclusive; and5 29the Persian Gulf Conflict at any time between August 2, 1990,5 30and the date the president or the Congress of the United5 31States declares a permanent cessation of hostilities, both5 32dates inclusiveveterans.However, if Congress enacts a date5 33different from August 2, 1990, as the beginning of the Persian5 34Gulf Conflict for purposes of determining whether a veteran is5 35entitled to receive military benefits as a veteran of the6 1Persian Gulf Conflict, that date shall be substituted for6 2August 2, 1990.If possible, each member of the commission 6 3 shall be a veteran of a different war,orconflict,so as to6 4divide membership among the persons who served in World War I,6 5World War II, the Korean Conflict, the Vietnam Conflict, and6 6the Persian Gulf Conflictor era; however, this qualification 6 7 does not preclude membership to a veteran who served in more 6 8 than one of the wars,orconflicts, or eras. 6 9 Sec. 8. Section 35B.6, subsection 1, Code 1995, is amended 6 10 to read as follows: 6 11 1. a. The members of the commission shall qualify by 6 12 taking the usual oath of office, and give bond in the sum of 6 13 five hundred dollars each, conditioned for the faithful 6 14 discharge of their duties with sureties to be approved by the 6 15 county auditor. The commission shall organize by the 6 16 selection of one of their members as chairperson, and one as 6 17 secretary. The commission, subject to the approval of the 6 18 board of supervisors, shallhave power toemploy an executive 6 19 director and other necessary administrative or clerical 6 20 assistants when needed, the compensation ofsuchthe employees 6 21 to be fixed by the board of supervisors, but no member of the 6 22 commission shall be so employed. If the duties of executive 6 23 director do not require full-time employment in a county, the 6 24 board of supervisors may assign additional duties to the 6 25 executive director including, but not limited to, zoning 6 26 director, relief director, public health director, emergency 6 27 management director, or other compatible employment. The 6 28 executive directormust possess the same qualifications as6 29provided in section 35B.3 for commission membersneed not be a 6 30 veteran, but a veteran shall be given preference if all other 6 31 conditions are met. However, thisqualification requirement6 32shallpreference does not apply to a person employed as an 6 33 executive director prior to July 1, 1989. 6 34 b. Upon the employment of an executive director, the 6 35 executive director shall complete a course of initial training 7 1 provided by the commission of veterans affairs pursuant to 7 2 section 35A.3.If an executive director is not appointed, a7 3commissioner or a clerical assistant shall complete the course7 4of training.Each commissioner and clerical assistant 7 5 appointed by the county commission shall also complete a 7 6 course of training provided by the commission of veterans 7 7 affairs. The commission shall issue the executive director, 7 8 commissioner, or clerical assistant a certificate of training 7 9 after completion of the initial training course. To maintain 7 10 annual certification, the executive director, commissioner, or 7 11 clerical assistant shall attend one commission training course 7 12 each year. Failure to maintain certificationmayshall be 7 13 cause for removal from office. The expenses of training 7 14 including the actual and necessary expenses of the executive 7 15 directors, commissioners, and clerical assistants shall be 7 16 paid from the appropriation authorized in section 35B.14. 7 17 Sec. 9. Section 35B.6, subsection 1, Code 1995, is amended 7 18 by adding the following new paragraph: 7 19 NEW PARAGRAPH. c. The training program for county 7 20 commissioners, executive directors, and other staff shall 7 21 include, but is not limited to, the following topics as 7 22 appropriate for the specific office: 7 23 (1) Office management principles. 7 24 (2) Current programs available to veterans, including care 7 25 provided at the Iowa veterans home. 7 26 (3) Procedures for application for state and federal 7 27 veteran benefits. 7 28 (4) Waiver and appeal processes for veteran programs. 7 29 (5) Assistance in making referrals within the veterans 7 30 administration system. 7 31 (6) Competent knowledge of other federal assistance 7 32 programs such as social security administration programs, 7 33 Medicare, and medical assistance. 7 34 (7) Role of conservators and the power of attorney to 7 35 assist veterans. 8 1 (8) Legal obligations of commissioners and executive 8 2 directors. 8 3 Sec. 10. Section 35B.6, subsections 3 and 4, Code 1995, 8 4 are amended by striking the subsections. 8 5 Sec. 11. Section 35B.10, unnumbered paragraph 1, Code 8 6 1995, is amended to read as follows: 8 7 All claims certified by the commission shall be reviewed by 8 8 the board of supervisors and the county auditor shall issue 8 9 warrants in payment of the claims. All applications, 8 10 investigation reports, and case records are privileged 8 11 communications and shall be held confidential, subject to use 8 12 and inspection only by persons authorized by law in connection 8 13 with their official duties relating to financial audits and 8 14 the administration of this chapter. However, the county 8 15 commission of veteran affairs shall prepare and file in the 8 16 office of the county auditor on or before the thirtieth day of 8 17 each January, April, July, and October, a report showing the 8 18names and addressescase numbers of all recipients receiving 8 19 assistance under this chapter, together with the amount paid 8 20 to each during the preceding quarter. Each report so filed 8 21 shall be securely fixed in a record book to be used only for 8 22suchthe reports made under this chapter. 8 23 Sec. 12. Section 35B.13, Code 1995, is amended to read as 8 24 follows: 8 25 35B.13 BURIAL &endash; EXPENSES. 8 26 The commission is responsible for the interment in a 8 27 suitable cemetery of the body of anyhonorably discharged8 28person who served in the military or naval forces of the8 29United States during any war, including World War I at any8 30time between April 6, 1917, and November 11, 1918, both dates8 31inclusive; World War II at any time between December 7, 1941,8 32and December 31, 1946, both dates inclusive; the Korean8 33Conflict at any time between June 25, 1950, and January 31,8 341955, both dates inclusive; the Vietnam Conflict at any time8 35between December 22, 1961, and May 7, 1975, both dates9 1inclusive; and the Persian Gulf Conflict at any time between9 2August 2, 1990, and the date the president or the Congress of9 3the United States declares a permanent cessation of9 4hostilities, both dates inclusive;veteran or the spouse, 9 5 surviving spouse, or child of thepersonveteran, if the 9 6personveteran has died without leaving sufficient means to 9 7 defray the funeral expenses.However, if Congress enacts a9 8date different from August 2, 1990, as the beginning of the9 9Persian Gulf Conflict for purposes of determining whether a9 10veteran is entitled to receive military benefits as a veteran9 11of the Persian Gulf Conflict, that date shall be substituted9 12for August 2, 1990.The commission may pay the expenses in a 9 13 sum not exceeding an amount established by the board of 9 14 supervisors. 9 15 Sec. 13. Section 35B.14, unnumbered paragraph 1, Code 9 16 1995, is amended to read as follows: 9 17 The board of supervisors of each county may appropriate 9 18 moneys for the food, clothing, shelter, utilities, medical 9 19 benefits, and funeral expenses ofhonorably discharged,9 20 indigentpersons who served in the military or naval forces of9 21the United States in any war including World War I at any time9 22between April 6, 1917, and November 11, 1918, both dates9 23inclusive; World War II at any time between December 7, 1941,9 24and December 31, 1946, both dates inclusive; the Korean9 25Conflict at any time between June 25, 1950, and January 31,9 261955, both dates inclusive; the Vietnam Conflict at any time9 27between December 22, 1961, and May 7, 1975, both dates9 28inclusive; and the Persian Gulf Conflict at any time between9 29August 2, 1990, and the date the president or the Congress of9 30the United States declares a permanent cessation of9 31hostilities, both dates inclusive;veterans and their indigent 9 32 spouses, surviving spouses, and minor children notoveryet 9 33 eighteen years of age, having a legal residence in the county. 9 34However, if Congress enacts a date different from August 2,9 351990, as the beginning of the Persian Gulf Conflict for10 1purposes of determining whether a veteran is entitled to10 2receive military benefits as a veteran of the Persian Gulf10 3Conflict, that date shall be substituted for August 2, 1990.10 4 Sec. 14. Section 35B.16, Code 1995, is amended to read as 10 5 follows: 10 6 35B.16 MARKERS FOR GRAVES. 10 7 The county commission of veteran affairs may furnish a 10 8 suitable and appropriate metal marker for the grave of each 10 9honorably discharged person, who served in the military or10 10naval forces of the United States during any war, including10 11World War I at any time between April 6, 1917, and November10 1211, 1918, both dates inclusive; World War II at any time10 13between December 7, 1941, and December 31, 1946, both dates10 14inclusive; the Korean Conflict at any time between June 25,10 151950, and January 31, 1955, both dates inclusive; the Vietnam10 16Conflict at any time between December 22, 1961, and May 7,10 171975, both dates inclusive; and the Persian Gulf Conflict at10 18any time between August 2, 1990, and the date the president or10 19the Congress of the United States declares a permanent10 20cessation of hostilities, both dates inclusive; andveteran 10 21 who is buried within the limits of the county, to be placed at 10 22 the individual's grave to permanently mark and designate the 10 23 grave for memorial purposes. The expenses shall be paid from 10 24 any funds raised as provided in this chapter.If Congress10 25enacts a date different from August 2, 1990, as the beginning10 26of the Persian Gulf Conflict for purposes of determining10 27whether a veteran is entitled to receive military benefits as10 28a veteran of the Persian Gulf Conflict, that date shall be10 29substituted for August 2, 1990.10 30 Sec. 15. Section 35B.19, Code 1995, is amended to read as 10 31 follows: 10 32 35B.19 BURIAL RECORDS. 10 33 The county commission of veteran affairs shall be charged 10 34 with securing the information requested by the commission of 10 35 veterans affairs of everyperson having a military service11 1record andveteran buried in that county.SuchThe county 11 2 commission shall obtain the informationshall be securedfrom 11 3 theundertakerfuneral director in charge of the burialand11 4shall be transmitted by the undertaker to the commission of11 5veteran affairs of the county where burial is madewithin ten 11 6 working days of the burial. This information shall be 11 7 recorded alphabetically and by description of location in the 11 8 cemetery where the veteran is buried. This recording shall 11 9 conform to the directives of the state commission of veterans 11 10 affairs and shall be kept in a book by the county commission. 11 11 The county commission shall send a copy of each recording to 11 12 the state commission of veterans affairs within ten working 11 13 days after its recording in the county. 11 14 Sec. 16. Section 35C.1, subsection 1, Code 1995, is 11 15 amended to read as follows: 11 16 1. In every public department and upon all public works in 11 17 the state, and of the counties, cities, and school 11 18 corporations of the state,honorably discharged persons from11 19the military or naval forces of the United States in any war11 20in which the United States has been engaged, including the11 21Korean Conflict at any time between June 25, 1950 and January11 2231, 1955, both dates inclusive, the Vietnam Conflict beginning11 23August 5, 1964, and ending on May 7, 1975, both dates11 24inclusive, and the Persian Gulf Conflict beginning August 2,11 251990, and ending on the date specified by the president or the11 26Congress of the United States as the date of permanent11 27cessation of hostilities, both dates inclusive,veterans who 11 28 are citizens and residents of this state are entitled to 11 29 preference in appointment and employment over other applicants 11 30 of no greater qualifications.However, if the Congress of the11 31United States enacts a date different from August 2, 1990, as11 32the beginning of the Persian Gulf Conflict to determine the11 33eligibility of a veteran for military benefits as a veteran of11 34the Persian Gulf Conflict, the date enacted by the Congress of11 35the United States shall be substituted for August 2, 1990.12 1 The preference in appointment and employment for employees of 12 2 cities under a municipal civil service is the same as provided 12 3 in section 400.10.For the purposes of this section service12 4in World War II means service in the armed forces of the12 5United States between December 7, 1941, and December 31, 1946,12 6both dates inclusive.12 7 Sec. 17. Section 35C.3, Code 1995, is amended to read as 12 8 follows: 12 9 35C.3 DUTY TO INVESTIGATE AND APPOINT. 12 10 When any preferred person shall apply for appointment or 12 11 employment under this chapter, the officer, board, or person 12 12 whose duty it is or may be to appoint or employ some person to 12 13 fillsuchthe position or place shall, before appointing or 12 14 employing anyone to fillsuchthe position or place, make an 12 15 investigation as to the qualifications ofsaidthe applicant 12 16 forsuchthe place or position, and if the applicant is of 12 17 good moral character and can perform the duties ofsaidthe 12 18 position so applied for, as hereinbefore provided,saidthe 12 19 officer, board, or person shall appointsaidthe applicant to 12 20 such position, place, or employment.SaidThe appointing 12 21 officer, board or person shall set forth in writing and file 12 22 for public inspection, the specific grounds upon which it is 12 23 held that the person appointed is entitled tosaidthe 12 24 appointment, or inthecasesuchthe appointment is refused, 12 25 the specific grounds for the refusalthereof. Unsuccessful 12 26 applicants shall be notified in writing of the specific 12 27 grounds for the refusal within ten working days. 12 28 Sec. 18. Section 35C.5, Code 1995, is amended to read as 12 29 follows: 12 30 35C.5 APPEALS. 12 31 In addition to the remedy provided in section 35C.4, an 12 32 appeal may be taken by any person belonging to any of the 12 33 classes of persons to whom a preference isherebygranted, 12 34 from any refusal to allowsaidthe preference, as provided in 12 35 this chapter, to the district court of the county in which 13 1suchthe refusal occurs. The appeal shall be made by serving 13 2 upon the appointing board withintwentysixty days after the 13 3 date of the refusal ofsaidthe appointing officer, board, or 13 4 persons to allowsaidthe preference, a written notice ofsuch13 5 the appeal stating the grounds of the appeal;, a demand in 13 6 writing for a certified transcript of the record, and all 13 7 papers on file in the office affecting or relating tosaidthe 13 8 appointment.ThereuponUpon receipt of the notice and demand, 13 9saidthe appointing officer, board, or person shall, within 13 10 ten days, make, certify, and deliver to appellantsuch athe 13 11 transcript; and the appellant shall, within five days 13 12 thereafter, file thesametranscript and a copy of the notice 13 13 of appeal with the clerk ofsaidthe court, andsaidthe 13 14 notice of appeal shall stand as appellant's complaint and 13 15thereupon saidthe cause shall be accordedsuchthe preference 13 16 in its assignment for trial as to assure its prompt 13 17 disposition. The court shall receive and consider any 13 18 pertinent evidence, whether oral or documentary, concerning 13 19saidthe appointment from which the appeal is taken, and if 13 20 the court shall find that thesaidapplicant is qualified as 13 21 defined in section 35C.1, to hold the position for which the 13 22 applicant has applied,saidthe court shall, by its mandate, 13 23 specifically direct thesaidappointing officer, board or 13 24 persons as to their further action in the matter. An appeal 13 25 may be taken from judgment of thesaiddistrict court on any 13 26 such appeal on the same terms as an appeal is taken in civil 13 27 actions. At their election parties entitled to appeal under 13 28 this section may, in the alternative, maintain an action for 13 29 judicial review in accordance withthe terms of the Iowa13 30administrative procedure Actchapter 17A if that is otherwise 13 31 applicable to their case. 13 32 Sec. 19. NEW SECTION. 35C.5A ARBITRATION. 13 33 In addition to the remedies provided in sections 35C.4 and 13 34 35C.5, a person belonging to a class of persons to whom a 13 35 preference is granted may submit any refusal to allow the 14 1 preference to arbitration within sixty days after written 14 2 notification of the refusal. If submitted, an arbitrator 14 3 shall be selected by a committee which includes one member 14 4 selected by the person who is refused preference in 14 5 appointment or employment, one member selected by the 14 6 appointing officer, board, or persons, and a disinterested 14 7 party selected by the other two members of the committee. A 14 8 list of qualified arbitrators may be obtained from the 14 9 American arbitration association or other recognized 14 10 arbitration organization. The decision of the arbitrator is 14 11 final. 14 12 Sec. 20. Section 35D.1, subsection 1, Code 1995, is 14 13 amended to read as follows: 14 14 1. The Iowa veterans home, located in Marshalltown, shall 14 15 be maintained as a long-term health care facility providing 14 16 multiple levels of care, with attendant health care services, 14 17 forhonorably dischargedveterans and their dependent spouses 14 18 and for surviving spouses ofhonorably dischargedveterans. 14 19Eligibility requirements for admission to the Iowa veterans14 20home shall coincide with the eligibility requirements for14 21hospitalization in a United States veterans administration14 22facility pursuant to title 38, United States Code, section14 23610, and regulations promulgated under that section as amended14 24to January 1, 1984.14 25 Sec. 21. Section 35D.13, subsection 2, Code 1995, is 14 26 amended to read as follows: 14 27 2. The commandant must be a resident of the state of Iowa, 14 28an honorably dischargeda veteranwho served in the armed14 29forces of the United States during a conflict or war, and a 14 30 licensed nursing home administrator.As used in this section,14 31the dates of service in a conflict or war shall coincide with14 32the dates of service established by the Congress of the United14 33States.14 34 Sec. 22. Section 37.10, unnumbered paragraph 1, Code 1995, 14 35 is amended to read as follows: 15 1 Each commissioner shall bean honorably discharged soldier,15 2sailor, marine, airman, or coast guard membera veteran, as 15 3 defined in section 35.1, and be a resident of the city in 15 4 which the memorial hall or monument is located or live within 15 5 the county if the memorial hall or monument is located outside 15 6 of a city or is a joint memorial as provided in this chapter. 15 7 Sec. 23. Section 282.6, unnumbered paragraph 1, Code 1995, 15 8 is amended to read as follows: 15 9 Every school shall be free of tuition to all actual 15 10 residents between the ages of five and twenty-one years and to 15 11 residenthonorably discharged soldiers, sailors, and marines15 12 veterans as defined in section 35.1, as many months after 15 13 becoming twenty-one years of age as they have spent in the 15 14military or naval servicearmed forces of the United States 15 15 before they became twenty-one, provided, however, fees may be 15 16 charged covering instructional costs for a summer school or 15 17 drivers education program. The board of education may, in a 15 18 hardship case, exempt a student from payment of the above 15 19 fees. Every person, however, who shall attend any school 15 20 after graduation from a four-year course in an approved high 15 21 school or its equivalent shall be charged a sufficient tuition 15 22 fee to cover the cost of the instruction received bysuchthe 15 23 person. 15 24 Sec. 24. Section 321.189, subsection 2, paragraph a, Code 15 25 Supplement 1995, is amended to read as follows: 15 26 a. Appearing on the driver's license shall be a 15 27 distinguishing number assigned to the licensee; the licensee's 15 28 full name, date of birth, sex, and residence address; a 15 29 colored photograph; a physical description of the licensee; 15 30 the name of the state; the dates of issuance and expiration; 15 31 and the usual signature of the licensee. The license shall 15 32 identify the class of vehicle the licensee may operate and the 15 33 applicable endorsements and restrictions which the department 15 34 shall require by rule. At the request of the licensee, the 15 35 license shall include a military veteran identifier. 16 1 Sec. 25. Section 331.608, subsection 8, Code 1995, is 16 2 amended to read as follows: 16 3 8. As used in this section, "veteran" means aman or woman16 4 veteran as defined in section 35.1 who enlisted or was 16 5 inducted from the county, resided at any time in the county, 16 6 or is buried in the countyand who served as a member of a16 7branch of the armed forces of the United States of America, as16 8a member of the merchant marine during the time of war, during16 9the Korean Conflict beginning June 25, 1950, and ending16 10January 31, 1955, both dates inclusive, or during the Vietnam16 11Conflict beginning August 5, 1964, and ending June 30, 1973,16 12both dates inclusive, or as a member of the armed forces of a16 13country allied with the United States of America or the armed16 14forces of Iowa or another state or territory. 16 15 Sec. 26. Section 400.10, Code 1995, is amended to read as 16 16 follows: 16 17 400.10 PREFERENCES. 16 18 In all examinations and appointments under this chapter, 16 19 other than promotions and appointments of chief of the police 16 20 department and chief of the fire department,honorably16 21dischargedveteransfrom the military or naval forces of the16 22United States in any war in which the United States has been16 23engaged, including the Korean Conflict at any time between16 24June 25, 1950, and January 31, 1955, both dates inclusive, the16 25Vietnam Conflict beginning August 5, 1964, and ending May 7,16 261975, both dates inclusive, and the Persian Gulf Conflict16 27beginning August 2, 1990, and ending on the date specified by16 28the president or the Congress of the United States as the date16 29of permanent cessation of hostilities, both dates inclusive,16 30and, as defined in section 35.1, who are citizens and 16 31 residents of this state, shall have five points added to the 16 32 veteran's grade or score attained in qualifying examinations 16 33 for appointment to positions and five additional points added 16 34 to the grade or score if the veteran has a service-connected 16 35 disability or is receiving compensation, disability benefits 17 1 or pension under laws administered by the veterans 17 2 administration.However, if the Congress of the United States17 3enacts a date different from August 2, 1990, as the beginning17 4of the Persian Gulf Conflict to determine the eligibility of a17 5veteran for military benefits as a veteran of the Persian Gulf17 6Conflict, the date enacted by the Congress of the United17 7States shall be substituted for August 2, 1990. An honorably17 8dischargedA veteran who has been awarded the Purple Heart 17 9 for disabilities incurred in action shall be considered to 17 10 have a service-connected disability. However, the points 17 11 shall be given only upon passing the exam and shall not be the 17 12 determining factor in passing. 17 13For the purposes of this section World War II shall be from17 14December 7, 1941, to December 31, 1946, both dates inclusive.17 15 Sec. 27. Section 427.3, subsections 1 and 2, Code 1995, 17 16 are amended to read as follows: 17 17 1. The property, not to exceed two thousand seven hundred 17 18 seventy-eight dollars in taxable value of anyhonorably17 19discharged soldier, sailor, marine, or nurseveteran, as 17 20 defined in section 35.1 of the first World War. 17 21 2. The property, not to exceed one thousand eight hundred 17 22 fifty-two dollars in taxable value of an honorably separated, 17 23 retired, furloughed to a reserve, placed on inactive status, 17 24 or dischargedsoldier, sailor, marine, or nurse of the second17 25World War from December 7, 1941, to December 31, 1946, army of17 26occupation in Germany from November 12, 1918, to July 11,17 271923, American expeditionary forces in Siberia from November17 2812, 1918, to April 30, 1920, second Nicaraguan campaign with17 29the navy or marines in Nicaragua or on combatant ships 1926-17 301933, second Haitian suppression of insurrections 1919-1920,17 31navy and marine operations in China 1937-1939 and Yangtze17 32service with navy and marines in Shanghai or in the Yangtze17 33Valley 1926-1927 and 1930-1932 or of the Korean Conflict at17 34any time between June 25, 1950, and January 31, 1955, both17 35dates inclusive, or those who served on active duty during the18 1Vietnam Conflict beginning December 22, 1961, and ending May18 27, 1975, both dates inclusive, or those who served on active18 3duty during the Persian Gulf Conflict at any time between18 4August 2, 1990, and the date the president or the Congress of18 5the United States declares a permanent cessation of18 6hostilities, both dates inclusiveveteran, as defined in 18 7 section 35.1.However, if Congress enacts a date different18 8from August 2, 1990, as the beginning of the Persian Gulf18 9Conflict for purposes of determining whether a veteran is18 10entitled to receive military benefits as a veteran of the18 11Persian Gulf Conflict, that date shall be substituted for18 12August 2, 1990. For the purposes of this section, "active18 13duty" means full-time duty in the armed forces of the United18 14States, excluding active duty for training purposes only and18 15excluding any period a person was assigned by the armed forces18 16to a civilian institution for a course of education or18 17training which was substantially the same as established18 18courses offered to civilians, or as a cadet or midshipman,18 19however enrolled, at one of the service academies.18 20 Sec. 28. Section 427.3, subsection 3, Code 1995, is 18 21 amended by striking the subsection and inserting in lieu 18 22 thereof the following: 18 23 3. The military service tax credit payable to political 18 24 subdivisions of this state pursuant to chapter 426A shall be 18 25 paid in full. 18 26 Sec. 29. Section 427.4, Code 1995, is amended to read as 18 27 follows: 18 28 427.4 EXEMPTIONS TO RELATIVES. 18 29 In case any person in the foregoing classifications does 18 30 not claimany suchthe exemption from taxation, it shall be 18 31 allowed in the name ofsuchthe person to the same extent on 18 32 the property of any one of the following persons in the order 18 33 named: 18 34 1. The spouse, or surviving spouse remaining unmarried, of 18 35any such soldier, sailor, marine, or nursea veteran, as 19 1 defined in section 35.1, where they are living together or 19 2 were living together at the time of the death ofsuch person19 3 the veteran. 19 4 2. The parent whose spouse is deceased and who remains 19 5 unmarried, ofany such soldier, sailor, marine, or nursea 19 6 veteran, as defined in section 35.1, whether living or 19 7 deceased, wheresuchthe parent is, or was at the time of 19 8 death of thesoldier, sailor, marine, or nurseveteran, 19 9 dependent onsuch personthe veteran for support. 19 10 3. The minor child, or children owning property as tenants 19 11 in common, ofany sucha deceasedsoldier, sailor, marine, or19 12nurseveteran, as defined in section 35.1. 19 13 No more than one tax exemption shall be allowed under this 19 14 section or section 427.3 in the name ofany honorably19 15discharged soldier, sailor, marine, or nursea veteran, as 19 16 defined in section 35.1. 19 17 Sec. 30. Section 483A.24, subsection 16, Code 1995, is 19 18 amended to read as follows: 19 19 16. Upon payment of the fee of thirty dollars for a 19 20 lifetime hunting and fishing combined license, the department 19 21 shall issue a hunting and fishing combined license to a 19 22 veteran who was disabled during the period of a veteran's 19 23 service listed in this subsection or who was a prisoner of war 19 24 during that veteran's military service. The department shall 19 25 prepare an application to be used by a person requesting a 19 26 hunting and fishing combined license under this subsection. 19 27 The commission of veterans affairs shall assist the department 19 28 in verifying the status or claims of applicants under this 19 29 subsection. As used in this subsection, "veteran" meansa19 30person who is a resident of Iowa and who served in the armed19 31forces of the United States of America at any time during19 32World War I between the dates of April 6, 1917, and July 2,19 331921, World War II between the dates of December 7, 1941, and19 34December 31, 1946, the Korean conflict between the dates of19 35June 27, 1950, and January 31, 1955, the Vietnam conflict20 1between August 5, 1964, and May 7, 1975, or the Persian Gulf20 2conflict between August 2, 1990, and the date the president or20 3the Congress of the United States declares a permanent20 4cessation of hostilities, all dates inclusiveveteran as 20 5 defined in section 35.1, and "disabled" means entitled to 20 6 compensation underthe United States Code, Title38, chapter20 7 U.S.C. ch. 11. 20 8 Sec. 31. Section 27 of this Act, being deemed of immediate 20 9 importance, is effective upon enactment. 20 10 EXPLANATION 20 11 This bill redefines "veteran" to include persons who served 20 12 in the armed forces of the United States during peacetime or 20 13 in civilian occupations which have been given military status 20 14 when performed during actual conflict or in war zones. 20 15 In addition to the persons who served during wars or 20 16 military conflicts, the term "veteran" is redefined to include 20 17 former members of the armed forces who served on active duty 20 18 during peacetime or the "Cold War" and were discharged under 20 19 honorable conditions, former members of the national guard or 20 20 military reserve who served six or more years and were 20 21 discharged under honorable conditions, former members of the 20 22 merchant marines who served during World War II and were 20 23 discharged under honorable conditions, and former members of 20 24 the women's air force service pilots and other persons who 20 25 have been conferred veterans status based on their civilian 20 26 duties during World War II pursuant to federal law. The 20 27 definition change makes these persons and their families 20 28 eligible for veteran benefits, such as military service 20 29 property tax exemptions and credits, education benefits for 20 30 veterans' children, burial benefits, employment preferences, 20 31 bonus compensation for merchant marines during World War II, 20 32 benefits for indigent veterans and their families, and 20 33 eligibility for care at the Iowa veterans home. 20 34 The bill also provides for the training and certification 20 35 of county veteran affairs commissioners and executive 21 1 directors in the counties as a qualification to remain in 21 2 office. Each county is to employ an executive director and 21 3 provide additional compatible duties if the executive 21 4 director's job is not full-time. The bill also strikes a 21 5 provision that provides a deputy county auditor as an 21 6 administrative assistant to the county veteran affairs 21 7 commission and a requirement for a minimum four-hour work day. 21 8 A provision that names and addresses of veterans receiving 21 9 financial assistance be included in quarterly reports to the 21 10 board of supervisors is changed to use of case numbers. 21 11 The bill provides that the seventh member of the state 21 12 commission of veterans affairs is to be selected from nominees 21 13 of the executive board of the Iowa association of county 21 14 commissioners of veteran affairs. 21 15 The bill establishes a bonus compensation for merchant 21 16 marines serving during World War II and discharged under 21 17 honorable conditions. The bonus is to be administered by the 21 18 executive director of the state commission of veterans 21 19 affairs. The bonus amounts to $22.75 for each month served on 21 20 active duty, not to exceed a total of $500. 21 21 Concerning employment preferences, the bill also provides 21 22 that a veteran who is denied a preference may appeal the 21 23 denial within 60 days of notice rather than 20 days. 21 24 Unsuccessful preferred applicants shall be given written 21 25 grounds for the refusal within 10 working days. A veteran is 21 26 provided another option to appeal a denial of an employment 21 27 preference by submitting the denial to arbitration. 21 28 The bill provides that the eligibility requirements for the 21 29 Iowa veterans home do not have to coincide with the 21 30 hospitalization requirements of the United States veterans 21 31 administration. Veterans may also request a veteran 21 32 identifier on their drivers' license. 21 33 The bill includes a number of corresponding amendments to 21 34 replace current language listing the dates of military service 21 35 during which persons must have served in order to qualify as a 22 1 veteran with the new definition of veteran. The bill amends 22 2 the military service property tax exemption provisions to 22 3 correspond to the new definition of veteran and provides for 22 4 the full payment of the military service tax credit to local 22 5 government. 22 6 LSB 3804HH 76 22 7 tj/jw/5.1
Text: HF02187 Text: HF02189 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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