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Senate File 2224

Partial Bill History

Bill Introduced: S.J. 361
Committee Report Issued: S.J. 530 H.J. 1689
Passed Senate: S.J. 905
Complete Bill History

Bill Text

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 after January 28,
  1 15 1973, and who were 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 money hereafter appropriated for the purpose of aiding
  1 28 in the education of children of honorably discharged persons
  1 29 who served in the military or naval forces of the United
  1 30 States in World War I or World War II veterans, 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 a person veteran who died during
  2  4 World War I between the dates of April 6, 1917, and June 2,
  2  5 1921, or during World War II between the dates of September
  2  6 16, 1940, and December 31, 1946, both dates inclusive, or the
  2  7 Korean Conflict between June 25, 1950, and January 31, 1955,
  2  8 both dates inclusive, or the Vietnam Conflict between August
  2  9 5, 1964, and May 7, 1975, both dates inclusive, or the Persian
  2 10 Gulf Conflict at any time between August 2, 1990, and the date
  2 11 the president or the Congress of the United States declares a
  2 12 permanent cessation of hostilities, both dates inclusive,
  2 13 while serving in the military or naval armed 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 and Title 32, United States
  2 17 Code, sections U.S.C. } 502 through 505, and active state
  2 18 service required or authorized under chapter 29A, or as a
  2 19 result of such the 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 26 However, if Congress enacts a date different from August 2,
  2 27 1990, as the beginning of the Persian Gulf Conflict for
  2 28 purposes of determining whether a veteran is entitled to
  2 29 receive military benefits as a veteran of the Persian Gulf
  2 30 Conflict, that date shall be substituted for August 2, 1990.
  2 31    Sec. 4.  Section 35A.3, subsection 12, Code Supplement
  2 32 1995, is amended to read as follows:
  2 33    12.  Provide training to county veteran affairs commission
  2 34 members, executive directors of county commissions of veteran
  2 35 affairs and other staff pursuant to section 35B.6.  The
  3  1 commission may shall adopt rules in accordance with chapter
  3  2 17A to provide for training of county veteran affairs
  3  3 commission members, executive directors, and other staff.
  3  4    Sec. 5.  Section 35A.8, Code 1995, is amended by adding the
  3  5 following new subsection:
  3  6    NEW SUBSECTION.  4.  a.  The executive director shall
  3  7 provide for the administration of the bonus authorized in this
  3  8 subsection.  The executive director shall adopt rules,
  3  9 pursuant to chapter 17A, as necessary to administer this
  3 10 subsection including, but not limited to, application pro-
  3 11 cedures, and investigation, approval or disapproval, and
  3 12 payment of claims.
  3 13    b.  (1)  Each person who served on active duty in the
  3 14 merchant marine service of the United States, at any time
  3 15 between September 16, 1940, and September 2, 1945, both dates
  3 16 inclusive, and who served for a period of not less than one
  3 17 hundred twenty days on or before December 31, 1946, and who at
  3 18 the time of entering into the merchant marine service was a
  3 19 legal resident of the state of Iowa, and who had maintained
  3 20 the person's residence in this state for a period of at least
  3 21 six months immediately before entering the merchant marine
  3 22 service and was honorably discharged or separated from the
  3 23 merchant marine service, is entitled to receive from moneys
  3 24 appropriated for that purpose the sum of twenty-two dollars
  3 25 and seventy-five cents for each month that the person was on
  3 26 active duty in the merchant marine service, all before
  3 27 December 31, 1946, not to exceed a total sum of five hundred
  3 28 dollars.  Compensation for a fraction of a month shall not be
  3 29 considered unless the fraction is sixteen days or more, in
  3 30 which case the fraction shall be computed as a full month.
  3 31    (2)  A person is not entitled to compensation pursuant to
  3 32 this subsection if the person received a bonus or compensation
  3 33 of a similar nature as provided in this subsection from
  3 34 another state.
  3 35    (3)  A person is not entitled to compensation pursuant to
  4  1 this subsection if the person was on active duty in the
  4  2 merchant marine service after September 16, 1940, and the
  4  3 person refused on conscientious, political, religious, or
  4  4 other grounds, to be subject to military discipline.
  4  5    (4)  The surviving widow or widower, child or children,
  4  6 mother, father, or person standing in loco parentis, in the
  4  7 order named and none other, of any deceased person, shall be
  4  8 paid the compensation that the deceased person would be
  4  9 entitled to pursuant to this subsection, if living, but if any
  4 10 person has died or shall die, or is disabled, from service-
  4 11 connected causes incurred during the period and in the area
  4 12 from which the person is entitled to receive compensation
  4 13 pursuant to this subsection, the person or the first survivor
  4 14 as designated by this subsection and in the order named, shall
  4 15 be paid five hundred dollars, regardless of the length of
  4 16 service.
  4 17    c.  A person who knowingly makes a false statement relating
  4 18 to a material fact in supporting an application under this
  4 19 subsection is guilty of a serious misdemeanor.  A person
  4 20 convicted pursuant to this subsection shall forfeit all
  4 21 benefits to which the person may have been entitled under this
  4 22 subsection.
  4 23    d.  All payments and allowances made under this subsection
  4 24 shall be exempt from taxation and from levy and sale on
  4 25 execution.
  4 26    e.  The bonus compensation authorized under this subsection
  4 27 shall be paid from moneys appropriated for that purpose.
  4 28    Sec. 6.  Section 35B.3, Code 1995, is amended to read as
  4 29 follows:
  4 30    35B.3  COUNTY COMMISSION OF VETERAN AFFAIRS.
  4 31    The county commission of veteran affairs shall consist of
  4 32 either three or five persons, as determined by the board of
  4 33 supervisors, all of whom shall be honorably discharged persons
  4 34 who served in the military or naval forces of the United
  4 35 States in any war, including World War I at any time between
  5  1 April 6, 1917, and November 11, 1918, both dates inclusive;
  5  2 World War II at any time between December 7, 1941, and
  5  3 December 31, 1946, both dates inclusive; the Korean Conflict
  5  4 at any time between June 25, 1950, and January 31, 1955, both
  5  5 dates inclusive; the Vietnam Conflict at any time between
  5  6 December 22, 1961, and May 7, 1975, both dates inclusive; and
  5  7 the Persian Gulf Conflict at any time between August 2, 1990,
  5  8 and the date the president or the Congress of the United
  5  9 States declares a permanent cessation of hostilities, both
  5 10 dates inclusive veterans.  However, if Congress enacts a date
  5 11 different from August 2, 1990, as the beginning of the Persian
  5 12 Gulf Conflict for purposes of determining whether a veteran is
  5 13 entitled to receive military benefits as a veteran of the
  5 14 Persian Gulf Conflict, that date shall be substituted for
  5 15 August 2, 1990.  If possible, each member of the commission
  5 16 shall be a veteran of a different war, or conflict, so as to
  5 17 divide membership among the persons who served in World War I,
  5 18 World War II, the Korean Conflict, the Vietnam Conflict, and
  5 19 the Persian Gulf Conflict or era; however, this qualification
  5 20 does not preclude membership to a veteran who served in more
  5 21 than one of the wars, or conflicts, or eras.
  5 22    Sec. 7.  Section 35B.6, subsection 1, Code 1995, is amended
  5 23 to read as follows:
  5 24    1.  a.  The members of the commission shall qualify by
  5 25 taking the usual oath of office, and give bond in the sum of
  5 26 five hundred dollars each, conditioned for the faithful
  5 27 discharge of their duties with sureties to be approved by the
  5 28 county auditor.  The commission shall organize by the
  5 29 selection of one of their members as chairperson, and one as
  5 30 secretary.  The commission, subject to the approval of the
  5 31 board of supervisors, shall have power to employ an executive
  5 32 director and other necessary administrative or clerical
  5 33 assistants when needed, the compensation of such the employees
  5 34 to be fixed by the board of supervisors, but no member of the
  5 35 commission shall be so employed.  If the duties of executive
  6  1 director do not require full-time employment in a county, the
  6  2 board of supervisors may assign additional duties to the
  6  3 executive director including, but not limited to, zoning
  6  4 director, relief director, public health director, emergency
  6  5 management director, or other compatible employment.  The
  6  6 executive director must possess the same qualifications as
  6  7 provided in section 35B.3 for commission members need not be a
  6  8 veteran, but a veteran shall be given preference if all other
  6  9 conditions are met.  However, this qualification requirement
  6 10 shall preference does not apply to a person employed as an
  6 11 executive director prior to July 1, 1989.
  6 12    b.  Upon the employment of an executive director, the
  6 13 executive director shall complete a course of initial training
  6 14 provided by the commission of veterans affairs pursuant to
  6 15 section 35A.3.  If an executive director is not appointed, a
  6 16 commissioner or a clerical assistant shall complete the course
  6 17 of training.  Each commissioner and clerical assistant
  6 18 appointed by the county commission shall also complete a
  6 19 course of training provided by the commission of veterans
  6 20 affairs.  The commission shall issue the executive director,
  6 21 commissioner, or clerical assistant a certificate of training
  6 22 after completion of the initial training course.  To maintain
  6 23 annual certification, the executive director, commissioner, or
  6 24 clerical assistant shall attend one commission training course
  6 25 each year.  Failure to maintain certification may shall be
  6 26 cause for removal from office.  The expenses of training
  6 27 including the actual and necessary expenses of the executive
  6 28 directors, commissioners, and clerical assistants shall be
  6 29 paid from the appropriation authorized in section 35B.14 state
  6 30 funds.
  6 31    Sec. 8.  Section 35B.6, subsection 1, Code 1995, is amended
  6 32 by adding the following new paragraph:
  6 33    NEW PARAGRAPH.  c.  The training program for county
  6 34 commissioners, executive directors, and other staff shall
  6 35 include, but is not limited to, the following topics as
  7  1 appropriate for the specific office:
  7  2    (1)  Office management principles.
  7  3    (2)  Current programs available to veterans, including care
  7  4 provided at the Iowa veterans home.
  7  5    (3)  Procedures for application for state and federal
  7  6 veteran benefits.
  7  7    (4)  Waiver and appeal processes for veteran programs.
  7  8    (5)  Assistance in making referrals within the veterans
  7  9 administration system.
  7 10    (6)  Competent knowledge of other federal assistance
  7 11 programs such as social security administration programs,
  7 12 Medicare, and medical assistance.
  7 13    (7)  Role of conservators and the power of attorney to
  7 14 assist veterans.
  7 15    (8)  Legal obligations of commissioners and executive
  7 16 directors.
  7 17    Sec. 9.  Section 35B.6, subsections 3 and 4, Code 1995, are
  7 18 amended by striking the subsections.
  7 19    Sec. 10.  Section 35B.10, unnumbered paragraph 1, Code
  7 20 1995, is amended to read as follows:
  7 21    All claims certified by the commission shall be reviewed by
  7 22 the board of supervisors and the county auditor shall issue
  7 23 warrants in payment of the claims.  All applications,
  7 24 investigation reports, and case records are privileged
  7 25 communications and shall be held confidential, subject to use
  7 26 and inspection only by persons authorized by law in connection
  7 27 with their official duties relating to financial audits and
  7 28 the administration of this chapter.  However, the county
  7 29 commission of veteran affairs shall prepare and file in the
  7 30 office of the county auditor on or before the thirtieth day of
  7 31 each January, April, July, and October, a report showing the
  7 32 names and addresses case numbers of all recipients receiving
  7 33 assistance under this chapter, together with the amount paid
  7 34 to each during the preceding quarter.  Each report so filed
  7 35 shall be securely fixed in a record book to be used only for
  8  1 such the reports made under this chapter.
  8  2    Sec. 11.  Section 35B.13, Code 1995, is amended to read as
  8  3 follows:
  8  4    35B.13  BURIAL – EXPENSES.
  8  5    The commission is responsible for the interment in a
  8  6 suitable cemetery of the body of any honorably discharged
  8  7 person who served in the military or naval forces of the
  8  8 United States during any war, including World War I at any
  8  9 time between April 6, 1917, and November 11, 1918, both dates
  8 10 inclusive; World War II at any time between December 7, 1941,
  8 11 and December 31, 1946, both dates inclusive; the Korean
  8 12 Conflict at any time between June 25, 1950, and January 31,
  8 13 1955, both dates inclusive; the Vietnam Conflict at any time
  8 14 between December 22, 1961, and May 7, 1975, both dates
  8 15 inclusive; and the Persian Gulf Conflict at any time between
  8 16 August 2, 1990, and the date the president or the Congress of
  8 17 the United States declares a permanent cessation of
  8 18 hostilities, both dates inclusive; veteran or the spouse,
  8 19 surviving spouse, or child of the person veteran, if the
  8 20 person veteran has died without leaving sufficient means to
  8 21 defray the funeral expenses.  However, if Congress enacts a
  8 22 date different from August 2, 1990, as the beginning of the
  8 23 Persian Gulf Conflict for purposes of determining whether a
  8 24 veteran is entitled to receive military benefits as a veteran
  8 25 of the Persian Gulf Conflict, that date shall be substituted
  8 26 for August 2, 1990.  The commission may pay the expenses in a
  8 27 sum not exceeding an amount established by the board of
  8 28 supervisors.
  8 29    Sec. 12.  Section 35B.14, unnumbered paragraph 1, Code
  8 30 1995, is amended to read as follows:
  8 31    The board of supervisors of each county may appropriate
  8 32 moneys for the food, clothing, shelter, utilities, medical
  8 33 benefits, and funeral expenses of honorably discharged,
  8 34 indigent persons who served in the military or naval forces of
  8 35 the United States in any war including World War I at any time
  9  1 between April 6, 1917, and November 11, 1918, both dates
  9  2 inclusive; World War II at any time between December 7, 1941,
  9  3 and December 31, 1946, both dates inclusive; the Korean
  9  4 Conflict at any time between June 25, 1950, and January 31,
  9  5 1955, both dates inclusive; the Vietnam Conflict at any time
  9  6 between December 22, 1961, and May 7, 1975, both dates
  9  7 inclusive; and the Persian Gulf Conflict at any time between
  9  8 August 2, 1990, and the date the president or the Congress of
  9  9 the United States declares a permanent cessation of
  9 10 hostilities, both dates inclusive; veterans and their indigent
  9 11 spouses, surviving spouses, and minor children not over yet
  9 12 eighteen years of age, having a legal residence in the county.
  9 13 However, if Congress enacts a date different from August 2,
  9 14 1990, as the beginning of the Persian Gulf Conflict for
  9 15 purposes of determining whether a veteran is entitled to
  9 16 receive military benefits as a veteran of the Persian Gulf
  9 17 Conflict, that date shall be substituted for August 2, 1990.
  9 18    Sec. 13.  Section 35B.16, Code 1995, is amended to read as
  9 19 follows:
  9 20    35B.16  MARKERS FOR GRAVES.
  9 21    The county commission of veteran affairs may furnish a
  9 22 suitable and appropriate metal marker for the grave of each
  9 23 honorably discharged person, who served in the military or
  9 24 naval forces of the United States during any war, including
  9 25 World War I at any time between April 6, 1917, and November
  9 26 11, 1918, both dates inclusive; World War II at any time
  9 27 between December 7, 1941, and December 31, 1946, both dates
  9 28 inclusive; the Korean Conflict at any time between June 25,
  9 29 1950, and January 31, 1955, both dates inclusive; the Vietnam
  9 30 Conflict at any time between December 22, 1961, and May 7,
  9 31 1975, both dates inclusive; and the Persian Gulf Conflict at
  9 32 any time between August 2, 1990, and the date the president or
  9 33 the Congress of the United States declares a permanent
  9 34 cessation of hostilities, both dates inclusive; and veteran
  9 35 who is buried within the limits of the county, to be placed at
 10  1 the individual's grave to permanently mark and designate the
 10  2 grave for memorial purposes.  The expenses shall be paid from
 10  3 any funds raised as provided in this chapter.  If Congress
 10  4 enacts a date different from August 2, 1990, as the beginning
 10  5 of the Persian Gulf Conflict for purposes of determining
 10  6 whether a veteran is entitled to receive military benefits as
 10  7 a veteran of the Persian Gulf Conflict, that date shall be
 10  8 substituted for August 2, 1990.
 10  9    Sec. 14.  Section 35C.1, subsection 1, Code 1995, is
 10 10 amended to read as follows:
 10 11    1.  In every public department and upon all public works in
 10 12 the state, and of the counties, cities, and school
 10 13 corporations of the state, honorably discharged persons from
 10 14 the military or naval forces of the United States in any war
 10 15 in which the United States has been engaged, including the
 10 16 Korean Conflict at any time between June 25, 1950 and January
 10 17 31, 1955, both dates inclusive, the Vietnam Conflict beginning
 10 18 August 5, 1964, and ending on May 7, 1975, both dates
 10 19 inclusive, and the Persian Gulf Conflict beginning August 2,
 10 20 1990, and ending on the date specified by the president or the
 10 21 Congress of the United States as the date of permanent
 10 22 cessation of hostilities, both dates inclusive, veterans who
 10 23 are citizens and residents of this state are entitled to
 10 24 preference in appointment and employment over other applicants
 10 25 of no greater qualifications.  However, if the Congress of the
 10 26 United States enacts a date different from August 2, 1990, as
 10 27 the beginning of the Persian Gulf Conflict to determine the
 10 28 eligibility of a veteran for military benefits as a veteran of
 10 29 the Persian Gulf Conflict, the date enacted by the Congress of
 10 30 the United States shall be substituted for August 2, 1990.
 10 31 The preference in appointment and employment for employees of
 10 32 cities under a municipal civil service is the same as provided
 10 33 in section 400.10.  For the purposes of this section service
 10 34 in World War II means service in the armed forces of the
 10 35 United States between December 7, 1941, and December 31, 1946,
 11  1 both dates inclusive.
 11  2    Sec. 15.  Section 35C.3, Code 1995, is amended to read as
 11  3 follows:
 11  4    35C.3  DUTY TO INVESTIGATE AND APPOINT.
 11  5    When any preferred person shall apply for appointment or
 11  6 employment under this chapter, the officer, board, or person
 11  7 whose duty it is or may be to appoint or employ some person to
 11  8 fill such the position or place shall, before appointing or
 11  9 employing anyone to fill such the position or place, make an
 11 10 investigation as to the qualifications of said the applicant
 11 11 for such the place or position, and if the applicant is of
 11 12 good moral character and can perform the duties of said the
 11 13 position so applied for, as hereinbefore provided, said the
 11 14 officer, board, or person shall appoint said the applicant to
 11 15 such position, place, or employment.  Said The appointing
 11 16 officer, board or person shall set forth in writing and file
 11 17 for public inspection, the specific grounds upon which it is
 11 18 held that the person appointed is entitled to said the
 11 19 appointment, or in the case such the appointment is refused,
 11 20 the specific grounds for the refusal thereof.  Unsuccessful
 11 21 applicants shall be notified in writing of the specific
 11 22 grounds for the refusal within ten working days.
 11 23    Sec. 16.  Section 35C.5, Code 1995, is amended to read as
 11 24 follows:
 11 25    35C.5  APPEALS.
 11 26    In addition to the remedy provided in section 35C.4, an
 11 27 appeal may be taken by any person belonging to any of the
 11 28 classes of persons to whom a preference is hereby granted,
 11 29 from any refusal to allow said the preference, as provided in
 11 30 this chapter, to the district court of the county in which
 11 31 such the refusal occurs.  The appeal shall be made by serving
 11 32 upon the appointing board within twenty sixty days after the
 11 33 date of the refusal of said the appointing officer, board, or
 11 34 persons to allow said the preference, a written notice of such
 11 35 the appeal stating the grounds of the appeal;, a demand in
 12  1 writing for a certified transcript of the record, and all
 12  2 papers on file in the office affecting or relating to said the
 12  3 appointment.  Thereupon Upon receipt of the notice and demand,
 12  4 said the appointing officer, board, or person shall, within
 12  5 ten days, make, certify, and deliver to appellant such a the
 12  6 transcript; and the appellant shall, within five days
 12  7 thereafter, file the same transcript and a copy of the notice
 12  8 of appeal with the clerk of said the court, and said the
 12  9 notice of appeal shall stand as appellant's complaint and
 12 10 thereupon said the cause shall be accorded such the preference
 12 11 in its assignment for trial as to assure its prompt
 12 12 disposition.  The court shall receive and consider any
 12 13 pertinent evidence, whether oral or documentary, concerning
 12 14 said the appointment from which the appeal is taken, and if
 12 15 the court shall find that the said applicant is qualified as
 12 16 defined in section 35C.1, to hold the position for which the
 12 17 applicant has applied, said the court shall, by its mandate,
 12 18 specifically direct the said appointing officer, board or
 12 19 persons as to their further action in the matter.  An appeal
 12 20 may be taken from judgment of the said district court on any
 12 21 such appeal on the same terms as an appeal is taken in civil
 12 22 actions.  At their election parties entitled to appeal under
 12 23 this section may, in the alternative, maintain an action for
 12 24 judicial review in accordance with the terms of the Iowa
 12 25 administrative procedure Act chapter 17A if that is otherwise
 12 26 applicable to their case.
 12 27    Sec. 17.  NEW SECTION.  35C.5A  ARBITRATION.
 12 28    In addition to the remedies provided in sections 35C.4 and
 12 29 35C.5, a person belonging to a class of persons to whom a
 12 30 preference is granted may submit any refusal to allow the
 12 31 preference to arbitration within sixty days after written
 12 32 notification of the refusal.  If submitted, an arbitrator
 12 33 shall be selected by a committee which includes one member
 12 34 selected by the person who is refused preference in
 12 35 appointment or employment, one member selected by the
 13  1 appointing officer, board, or persons, and a disinterested
 13  2 party selected by the other two members of the committee.  A
 13  3 list of qualified arbitrators may be obtained from the
 13  4 American arbitration association or other recognized
 13  5 arbitration organization.  The decision of the arbitrator is
 13  6 final.
 13  7    Sec. 18.  Section 35D.13, subsection 2, Code 1995, is
 13  8 amended to read as follows:
 13  9    2.  The commandant must be a resident of the state of Iowa,
 13 10 an honorably discharged a veteran who served in the armed
 13 11 forces of the United States during a conflict or war, and a
 13 12 licensed nursing home administrator.  As used in this section,
 13 13 the dates of service in a conflict or war shall coincide with
 13 14 the dates of service established by the Congress of the United
 13 15 States.
 13 16    Sec. 19.  Section 37.10, unnumbered paragraph 1, Code 1995,
 13 17 is amended to read as follows:
 13 18    Each commissioner shall be an honorably discharged soldier,
 13 19 sailor, marine, airman, or coast guard member a veteran, as
 13 20 defined in section 35.1, and be a resident of the city county
 13 21 in which the memorial hall or monument is located or live
 13 22 within the county if the memorial hall or monument is located
 13 23 outside of a city or is a joint memorial as provided in this
 13 24 chapter.
 13 25    Sec. 20.  Section 282.6, unnumbered paragraph 1, Code 1995,
 13 26 is amended to read as follows:
 13 27    Every school shall be free of tuition to all actual
 13 28 residents between the ages of five and twenty-one years and to
 13 29 resident honorably discharged soldiers, sailors, and marines
 13 30 veterans as defined in section 35.1, as many months after
 13 31 becoming twenty-one years of age as they have spent in the
 13 32 military or naval service armed forces of the United States
 13 33 before they became twenty-one, provided, however, fees may be
 13 34 charged covering instructional costs for a summer school or
 13 35 drivers education program.  The board of education may, in a
 14  1 hardship case, exempt a student from payment of the above
 14  2 fees.  Every person, however, who shall attend any school
 14  3 after graduation from a four-year course in an approved high
 14  4 school or its equivalent shall be charged a sufficient tuition
 14  5 fee to cover the cost of the instruction received by such the
 14  6 person.
 14  7    Sec. 21.  Section 321.189, subsection 2, paragraph a, Code
 14  8 Supplement 1995, is amended to read as follows:
 14  9    a.  Appearing on the driver's license shall be a
 14 10 distinguishing number assigned to the licensee; the licensee's
 14 11 full name, date of birth, sex, and residence address; a
 14 12 colored photograph; a physical description of the licensee;
 14 13 the name of the state; the dates of issuance and expiration;
 14 14 and the usual signature of the licensee.  The license shall
 14 15 identify the class of vehicle the licensee may operate and the
 14 16 applicable endorsements and restrictions which the department
 14 17 shall require by rule.  At the request of the licensee, the
 14 18 license shall include a military veteran identifier.
 14 19    Sec. 22.  Section 331.608, subsection 8, Code 1995, is
 14 20 amended to read as follows:
 14 21    8.  As used in this section, "veteran" means a man or woman
 14 22 veteran as defined in section 35.1 who enlisted or was
 14 23 inducted from the county, resided at any time in the county,
 14 24 or is buried in the county and who served as a member of a
 14 25 branch of the armed forces of the United States of America, as
 14 26 a member of the merchant marine during the time of war, during
 14 27 the Korean Conflict beginning June 25, 1950, and ending
 14 28 January 31, 1955, both dates inclusive, or during the Vietnam
 14 29 Conflict beginning August 5, 1964, and ending June 30, 1973,
 14 30 both dates inclusive, or as a member of the armed forces of a
 14 31 country allied with the United States of America or the armed
 14 32 forces of Iowa or another state or territory.
 14 33    Sec. 23.  Section 400.10, Code 1995, is amended to read as
 14 34 follows:
 14 35    400.10  PREFERENCES.
 15  1    In all examinations and appointments under this chapter,
 15  2 other than promotions and appointments of chief of the police
 15  3 department and chief of the fire department, honorably
 15  4 discharged veterans from the military or naval forces of the
 15  5 United States in any war in which the United States has been
 15  6 engaged, including the Korean Conflict at any time between
 15  7 June 25, 1950, and January 31, 1955, both dates inclusive, the
 15  8 Vietnam Conflict beginning August 5, 1964, and ending May 7,
 15  9 1975, both dates inclusive, and the Persian Gulf Conflict
 15 10 beginning August 2, 1990, and ending on the date specified by
 15 11 the president or the Congress of the United States as the date
 15 12 of permanent cessation of hostilities, both dates inclusive,
 15 13 and, as defined in section 35.1, who are citizens and
 15 14 residents of this state, shall have five points added to the
 15 15 veteran's grade or score attained in qualifying examinations
 15 16 for appointment to positions and five additional points added
 15 17 to the grade or score if the veteran has a service-connected
 15 18 disability or is receiving compensation, disability benefits
 15 19 or pension under laws administered by the veterans
 15 20 administration.  However, if the Congress of the United States
 15 21 enacts a date different from August 2, 1990, as the beginning
 15 22 of the Persian Gulf Conflict to determine the eligibility of a
 15 23 veteran for military benefits as a veteran of the Persian Gulf
 15 24 Conflict, the date enacted by the Congress of the United
 15 25 States shall be substituted for August 2, 1990.  An honorably
 15 26 discharged  A veteran who has been awarded the Purple Heart
 15 27 for disabilities incurred in action shall be considered to
 15 28 have a service-connected disability.  However, the points
 15 29 shall be given only upon passing the exam and shall not be the
 15 30 determining factor in passing.
 15 31    For the purposes of this section World War II shall be from
 15 32 December 7, 1941, to December 31, 1946, both dates inclusive.
 15 33    Sec. 24.  Section 427.3, subsections 1 and 2, Code 1995,
 15 34 are amended to read as follows:
 15 35    1.  The property, not to exceed two thousand seven hundred
 16  1 seventy-eight dollars in taxable value of any honorably
 16  2 discharged soldier, sailor, marine, or nurse veteran, as
 16  3 defined in section 35.1 of the first World War.
 16  4    2.  The property, not to exceed one thousand eight hundred
 16  5 fifty-two dollars in taxable value of an honorably separated,
 16  6 retired, furloughed to a reserve, placed on inactive status,
 16  7 or discharged soldier, sailor, marine, or nurse of the second
 16  8 World War from December 7, 1941, to December 31, 1946, army of
 16  9 occupation in Germany from November 12, 1918, to July 11,
 16 10 1923, American expeditionary forces in Siberia from November
 16 11 12, 1918, to April 30, 1920, second Nicaraguan campaign with
 16 12 the navy or marines in Nicaragua or on combatant ships 1926-
 16 13 1933, second Haitian suppression of insurrections 1919-1920,
 16 14 navy and marine operations in China 1937-1939 and Yangtze
 16 15 service with navy and marines in Shanghai or in the Yangtze
 16 16 Valley 1926-1927 and 1930-1932 or of the Korean Conflict at
 16 17 any time between June 25, 1950, and January 31, 1955, both
 16 18 dates inclusive, or those who served on active duty during the
 16 19 Vietnam Conflict beginning December 22, 1961, and ending May
 16 20 7, 1975, both dates inclusive, or those who served on active
 16 21 duty during the Persian Gulf Conflict at any time between
 16 22 August 2, 1990, and the date the president or the Congress of
 16 23 the United States declares a permanent cessation of
 16 24 hostilities, both dates inclusive veteran, as defined in
 16 25 section 35.1.  However, if Congress enacts a date different
 16 26 from August 2, 1990, as the beginning of the Persian Gulf
 16 27 Conflict for purposes of determining whether a veteran is
 16 28 entitled to receive military benefits as a veteran of the
 16 29 Persian Gulf Conflict, that date shall be substituted for
 16 30 August 2, 1990.  For the purposes of this section, "active
 16 31 duty" means full-time duty in the armed forces of the United
 16 32 States, excluding active duty for training purposes only and
 16 33 excluding any period a person was assigned by the armed forces
 16 34 to a civilian institution for a course of education or
 16 35 training which was substantially the same as established
 17  1 courses offered to civilians, or as a cadet or midshipman,
 17  2 however enrolled, at one of the service academies.
 17  3    Sec. 25.  Section 427.3, subsection 3, Code 1995, is
 17  4 amended by striking the subsection and inserting in lieu
 17  5 thereof the following:
 17  6    3.  The military service tax credit payable to political
 17  7 subdivisions of this state pursuant to chapter 426A shall be
 17  8 paid in full.
 17  9    Sec. 26.  Section 427.4, Code 1995, is amended to read as
 17 10 follows:
 17 11    427.4  EXEMPTIONS TO RELATIVES.
 17 12    In case any person in the foregoing classifications does
 17 13 not claim any such the exemption from taxation, it shall be
 17 14 allowed in the name of such the person to the same extent on
 17 15 the property of any one of the following persons in the order
 17 16 named:
 17 17    1.  The spouse, or surviving spouse remaining unmarried, of
 17 18 any such soldier, sailor, marine, or nurse a veteran, as
 17 19 defined in section 35.1, where they are living together or
 17 20 were living together at the time of the death of such person
 17 21 the veteran.
 17 22    2.  The parent whose spouse is deceased and who remains
 17 23 unmarried, of any such soldier, sailor, marine, or nurse a
 17 24 veteran, as defined in section 35.1, whether living or
 17 25 deceased, where such the parent is, or was at the time of
 17 26 death of the soldier, sailor, marine, or nurse veteran,
 17 27 dependent on such person the veteran for support.
 17 28    3.  The minor child, or children owning property as tenants
 17 29 in common, of any such a deceased soldier, sailor, marine, or
 17 30 nurse veteran, as defined in section 35.1.
 17 31    No more than one tax exemption shall be allowed under this
 17 32 section or section 427.3 in the name of any honorably
 17 33 discharged soldier, sailor, marine, or nurse a veteran, as
 17 34 defined in section 35.1.
 17 35    Sec. 27.  Section 483A.24, subsection 16, Code 1995, is
 18  1 amended to read as follows:
 18  2    16.  Upon payment of the fee of thirty dollars for a
 18  3 lifetime hunting and fishing combined license, the department
 18  4 shall issue a hunting and fishing combined license to a
 18  5 veteran who was disabled during the period of a veteran's
 18  6 service listed in this subsection or who was a prisoner of war
 18  7 during that veteran's military service.  The department shall
 18  8 prepare an application to be used by a person requesting a
 18  9 hunting and fishing combined license under this subsection.
 18 10 The commission of veterans affairs shall assist the department
 18 11 in verifying the status or claims of applicants under this
 18 12 subsection.  As used in this subsection, "veteran" means a
 18 13 person who is a resident of Iowa and who served in the armed
 18 14 forces of the United States of America at any time during
 18 15 World War I between the dates of April 6, 1917, and July 2,
 18 16 1921, World War II between the dates of December 7, 1941, and
 18 17 December 31, 1946, the Korean conflict between the dates of
 18 18 June 27, 1950, and January 31, 1955, the Vietnam conflict
 18 19 between August 5, 1964, and May 7, 1975, or the Persian Gulf
 18 20 conflict between August 2, 1990, and the date the president or
 18 21 the Congress of the United States declares a permanent
 18 22 cessation of hostilities, all dates inclusive veteran as
 18 23 defined in section 35.1, and "disabled" means entitled to
 18 24 compensation under the United States Code, Title 38, chapter
 18 25 U.S.C. ch. 11.
 18 26    Sec. 28.  Section 24 of this Act, being deemed of immediate
 18 27 importance, is effective upon enactment.  
 18 28 SF 2224
 18 29 tj/cc/26

Text: SF02223                           Text: SF02225
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