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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 who served in 1 6 the armed forces of the United States and who was discharged 1 7 under honorable conditions. "Veteran" includes the following 1 8 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 active, oceangoing merchant 1 17 marines who served during World War II at any time between 1 18 December 7, 1941, and December 31, 1946, both dates inclusive, 1 19 who were discharged 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 1997, is amended to read as 1 25 follows: 1 26 35.8 MONEY COMPRISING FUND. 1 27 A war orphans educational aid fund is created as a separate 1 28 fund in the state treasury under the control of the commission 1 29 of veterans affairs. Any moneyhereafterappropriated for the 1 30 purpose of aiding in the education of orphaned children of 1 31honorably discharged persons who served in the military or1 32naval forces of the United States in World War I or World War1 33IIveterans, asprovided by this chapterdefined in section 1 34 35.1, shall beknown asdeposited in the war orphans 1 35 educational aid fund. 2 1 Sec. 3. Section 35.9, unnumbered paragraph 1, Code 1997, 2 2 is amended to read as follows: 2 3 The commission of veterans affairs may expend not more than 2 4 six hundred dollars per year for any one child who has lived 2 5 in the state of Iowa for two years preceding application for 2 6 aid, and who is the child of a person who diedduring World2 7War I between the dates of April 6, 1917, and June 2, 1921, or2 8during World War II between the dates of September 16, 1940,2 9and December 31, 1946, both dates inclusive, or the Korean2 10Conflict between June 25, 1950, and January 31, 1955, both2 11dates inclusive, or the Vietnam Conflict between August 5,2 121964, and May 7, 1975, both dates inclusive, or the Persian2 13Gulf Conflict at any time between August 2, 1990, and the date2 14the president or the Congress of the United States declares a2 15permanent cessation of hostilities, both dates inclusive,2 16while serving in theduring active federal militaryor naval2 17forcesservice while serving in the armed forces or during 2 18 active federal military service in the Iowa national guard or 2 19 other military component of the United States,to include2 20members of the reserve components performing service or duties2 21required or authorized under chapter 39, United States Code2 22and Title 32, United States Code, sections 502 through 505,2 23and active state service required or authorized under chapter2 2429A, or as a result of such service,to defray the expenses of 2 25 tuition, matriculation, laboratory and similar fees, books and 2 26 supplies, board, lodging, and any other reasonably necessary 2 27 expense forsuchthe child or children incident to attendance 2 28 in this state at an educational or training institution of 2 29 college grade, or in a business or vocational training school 2 30 with standards approved by the commission of veterans affairs. 2 31However, if Congress enacts a date different from August 2,2 321990, as the beginning of the Persian Gulf Conflict for2 33purposes of determining whether a veteran is entitled to2 34receive military benefits as a veteran of the Persian Gulf2 35Conflict, that date shall be substituted for August 2, 1990.3 1 Sec. 4. Section 35A.8, Code 1997, is amended by adding the 3 2 following new subsection: 3 3 NEW SUBSECTION. 4. a. The executive director shall 3 4 provide for the administration of the bonus authorized in this 3 5 subsection. The executive director shall adopt rules, 3 6 pursuant to chapter 17A, as necessary to administer this 3 7 subsection including, but not limited to, application pro- 3 8 cedures, investigation, approval or disapproval, and payment 3 9 of claims. 3 10 b. (1) Each person who served on active duty in the 3 11 active, oceangoing merchant marine service of the United 3 12 States, at any time between September 16, 1940, and September 3 13 2, 1945, both dates inclusive, and who served for a period of 3 14 not less than one hundred twenty days on or before December 3 15 31, 1946, and who at the time of entering into the merchant 3 16 marine service was a legal resident of the state of Iowa, and 3 17 who had maintained the person's residence in this state for a 3 18 period of at least six months immediately before entering the 3 19 merchant marine service, and was honorably discharged or 3 20 separated from the merchant marine service, is entitled to 3 21 receive from moneys appropriated for that purpose the sum of 3 22 twelve dollars and fifty cents for each month that the person 3 23 was on active duty in the merchant marine service, all before 3 24 December 31, 1946, not to exceed a total sum of five hundred 3 25 dollars. Compensation for a fraction of a month shall not be 3 26 considered unless the fraction is sixteen days or more, in 3 27 which case the fraction shall be computed as a full month. 3 28 (2) A person is not entitled to compensation pursuant to 3 29 this subsection if the person received a bonus or compensation 3 30 similar to that provided in this subsection from another 3 31 state. 3 32 (3) A person is not entitled to compensation pursuant to 3 33 this subsection if the person was on active duty in the 3 34 merchant marine service after September 16, 1940, and the 3 35 person refused on conscientious, political, religious, or 4 1 other grounds, to be subject to military discipline. 4 2 (4) The surviving unremarried widow or widower, child or 4 3 children, mother, father, or person standing in loco parentis, 4 4 in the order named and none other, of any deceased person, 4 5 shall be paid the compensation that the deceased person would 4 6 be entitled to pursuant to this subsection, if living, but if 4 7 any person has died or shall die, or is disabled, from 4 8 service-connected causes incurred during the period and in the 4 9 area from which the person is entitled to receive compensation 4 10 pursuant to this subsection, the person or the first survivor 4 11 as designated by this subsection and in the order named, shall 4 12 be paid five hundred dollars, regardless of the length of 4 13 service. 4 14 c. A person who knowingly makes a false statement relating 4 15 to a material fact in supporting an application under this 4 16 subsection is guilty of a serious misdemeanor. A person 4 17 convicted pursuant to this subsection shall forfeit all 4 18 benefits to which the person may have been entitled under this 4 19 subsection. 4 20 d. All payments and allowances made under this subsection 4 21 shall be exempt from taxation and from levy and sale on 4 22 execution. 4 23 e. The bonus compensation authorized under this subsection 4 24 shall be paid from moneys appropriated for that purpose. 4 25 Sec. 5. Section 35B.3, Code 1997, is amended to read as 4 26 follows: 4 27 35B.3 COUNTY COMMISSION OF VETERAN AFFAIRS. 4 28 The county commission of veteran affairs shall consist of 4 29 either three or five persons, as determined by the board of 4 30 supervisors, all of whom shall behonorably discharged persons4 31who served in the military or naval forces of the United4 32States in any war, including World War I at any time between4 33April 6, 1917, and November 11, 1918, both dates inclusive;4 34World War II at any time between December 7, 1941, and4 35December 31, 1946, both dates inclusive; the Korean Conflict5 1at any time between June 25, 1950, and January 31, 1955, both5 2dates inclusive; the Vietnam Conflict at any time between5 3December 22, 1961, and May 7, 1975, both dates inclusive; and5 4the Persian Gulf Conflict at any time between August 2, 1990,5 5and the date the president or the Congress of the United5 6States declares a permanent cessation of hostilities, both5 7dates inclusive. However, if Congress enacts a date different5 8from August 2, 1990, as the beginning of the Persian Gulf5 9Conflict for purposes of determining whether a veteran is5 10entitled to receive military benefits as a veteran of the5 11Persian Gulf Conflict, that date shall be substituted for5 12August 2, 1990veterans as defined in section 35.1. If 5 13 possible, each member of the commission shall be a veteran of 5 14 a differentwar or conflict, so as to divide membership among5 15the persons who served in World War I, World War II, the5 16Korean Conflict, the Vietnam Conflict, and the Persian Gulf5 17Conflict; however,military action. However, this 5 18 qualification does not preclude membership to a veteran who 5 19 served in more than one of thewars or conflictsmilitary 5 20 actions. 5 21 Sec. 6. Section 35B.10, unnumbered paragraph 1, Code 1997, 5 22 is amended to read as follows: 5 23 All claims certified by the commission shall be reviewed by 5 24 the board of supervisors and the county auditor shall issue 5 25 warrants in payment of the claims. All applications, 5 26 investigation reports and case records are privileged 5 27 communications and shall be held confidential, subject to use 5 28 and inspection only by persons authorized by law in connection 5 29 with their official duties relating to financial audits and 5 30 the administration of this chapter. However, the county 5 31 commission of veteran affairs shall prepare and file in the 5 32 office of the county auditor on or before the thirtieth day of 5 33 each January, April, July and October a report showing the5 34names and addressescase numbers of all recipients receiving 5 35 assistance under this chapter, together with the amount paid 6 1 to each during the preceding quarter. Each report so filed 6 2 shall be securely fixed in a record book to be used only for 6 3 such reports made under this chapter. 6 4 Sec. 7. Section 35B.13, Code 1997, is amended to read as 6 5 follows: 6 6 35B.13 BURIAL – EXPENSES. 6 7 The commission is responsible for the interment in a 6 8 suitable cemetery of the body of anyhonorably discharged6 9person who served in the military or naval forces of the6 10United States during any war, including World War I at any6 11time between April 6, 1917, and November 11, 1918, both dates6 12inclusive; World War II at any time between December 7, 1941,6 13and December 31, 1946, both dates inclusive; the Korean6 14Conflict at any time between June 25, 1950, and January 31,6 151955, both dates inclusive; the Vietnam Conflict at any time6 16between December 22, 1961, and May 7, 1975, both dates6 17inclusive; and the Persian Gulf Conflict at any time between6 18August 2, 1990, and the date the president or the Congress of6 19the United States declares a permanent cessation of6 20hostilities, both dates inclusive;veteran, as defined in 6 21 section 35.1, or the spouse, surviving spouse, or child of the 6 22 person, if the person has died without leaving sufficient 6 23 means to defray the funeral expenses.However, if Congress6 24enacts a date different from August 2, 1990, as the beginning6 25of the Persian Gulf Conflict for purposes of determining6 26whether a veteran is entitled to receive military benefits as6 27a veteran of the Persian Gulf Conflict, that date shall be6 28substituted for August 2, 1990.The commission may pay the 6 29 expenses in a sum not exceeding an amount established by the 6 30 board of supervisors. 6 31 Sec. 8. Section 35B.14, unnumbered paragraph 1, Code 1997, 6 32 is amended to read as follows: 6 33 The board of supervisors of each county may appropriate 6 34 moneys for the food, clothing, shelter, utilities, medical 6 35 benefits, and funeral expenses ofhonorably discharged,7 1 indigentpersons who served in the military or naval forces of7 2the United States in any war including World War I at any time7 3between April 6, 1917, and November 11, 1918, both dates7 4inclusive; World War II at any time between December 7, 1941,7 5and December 31, 1946, both dates inclusive; the Korean7 6Conflict at any time between June 25, 1950, and January 31,7 71955, both dates inclusive; the Vietnam Conflict at any time7 8between December 22, 1961, and May 7, 1975, both dates7 9inclusive; and the Persian Gulf Conflict at any time between7 10August 2, 1990, and the date the president or the Congress of7 11the United States declares a permanent cessation of7 12hostilities, both dates inclusive;veterans, as defined in 7 13 section 35.1, and their indigent spouses, surviving spouses, 7 14 and minor children not over eighteen years of age, having a 7 15 legal residence in the county.However, if Congress enacts a7 16date different from August 2, 1990, as the beginning of the7 17Persian Gulf Conflict for purposes of determining whether a7 18veteran is entitled to receive military benefits as a veteran7 19of the Persian Gulf Conflict, that date shall be substituted7 20for August 2, 1990.7 21 Sec. 9. Section 35B.16, Code 1997, is amended to read as 7 22 follows: 7 23 35B.16 MARKERS FOR GRAVES. 7 24 The county commission of veteran affairs may furnish a 7 25 suitable and appropriate metal marker for the grave of each 7 26honorably discharged person, who served in the military or7 27naval forces of the United States during any war, including7 28World War I at any time between April 6, 1917, and November7 2911, 1918, both dates inclusive; World War II at any time7 30between December 7, 1941, and December 31, 1946, both dates7 31inclusive; the Korean Conflict at any time between June 25,7 321950, and January 31, 1955, both dates inclusive; the Vietnam7 33Conflict at any time between December 22, 1961, and May 7,7 341975, both dates inclusive; and the Persian Gulf Conflict at7 35any time between August 2, 1990, and the date the president or8 1the Congress of the United States declares a permanent8 2cessation of hostilities, both dates inclusive; andveteran, 8 3 as defined in section 35.1, who is buried within the limits of 8 4 the county, to. The marker shall be placed at the 8 5 individual's grave to permanently mark and designate the grave 8 6 for memorial purposes. The expenses shall be paid from any 8 7 funds raised as provided in this chapter.If Congress enacts8 8a date different from August 2, 1990, as the beginning of the8 9Persian Gulf Conflict for purposes of determining whether a8 10veteran is entitled to receive military benefits as a veteran8 11of the Persian Gulf Conflict, that date shall be substituted8 12for August 2, 1990.8 13 Sec. 10. Section 35C.3, Code 1997, is amended to read as 8 14 follows: 8 15 35C.3 DUTY TO INVESTIGATE AND APPOINT. 8 16 When any preferred personshall applyapplies for 8 17 appointment or employment under this chapter, the officer, 8 18 board, or person whose duty it is or may be to appoint or 8 19 employ some person to fillsuchthe position or place shall, 8 20 before appointing or employing anyone to fillsuchthe 8 21 position or place, make an investigation as to the 8 22 qualifications ofsaidthe applicant forsuchthe place or 8 23 position, and if the applicant is of good moral character and 8 24 can perform the duties ofsaidthe positionsoapplied for,as8 25hereinbefore provided, saidthe officer, board, or person 8 26 shall appointsaidthe applicant tosuchthe position, place, 8 27 or employment.SaidThe appointing officer, board, or person 8 28 shall set forth in writing and file for public inspection,the 8 29 specific grounds upon which itis held that the person8 30 appointedis entitled to said appointment,orin the case such8 31appointment is refused, the specific grounds for the refusal8 32thereofrefused to appoint the person. Within ten days after 8 33 an appointment is refused, the appointing officer, board, or 8 34 person shall notify the unsuccessful applicant in writing of 8 35 the specific grounds for refusal. 9 1 Sec. 11. NEW SECTION. 35C.5A ARBITRATION. 9 2 In addition to the remedies provided in sections 35C.4 and 9 3 35C.5, a person belonging to a class of persons qualifying for 9 4 a preference may submit any refusal to allow a preference, or 9 5 any reduction of the person's salary as described in section 9 6 35C.4, to arbitration within sixty days after written 9 7 notification of the refusal or reduction. Within ten days 9 8 after any submission, an arbitrator shall be selected by a 9 9 committee that includes one member chosen by the person 9 10 refused preference, one member chosen by the appointing 9 11 officer, board, or person, and one member who shall be a 9 12 disinterested party selected by the other two members of the 9 13 committee. A list of qualified arbitrators may be obtained 9 14 from the American arbitration association or other recognized 9 15 arbitration organization or association. The decision of the 9 16 arbitrator shall be final and binding on the parties. 9 17 Sec. 12. Section 37.10, unnumbered paragraph 1, Code 1997, 9 18 is amended to read as follows: 9 19 Each commissioner shall bean honorably discharged soldier,9 20sailor, marine, airman, or coast guard membera veteran, as 9 21 defined in section 35.1, and be a resident of the county in 9 22 which the memorial hall or monument is located. 9 23 Sec. 13. Section 282.6, unnumbered paragraph 1, Code 1997, 9 24 is amended to read as follows: 9 25 Every school shall be free of tuition to all actual 9 26 residents between the ages of five and twenty-one years and to 9 27 residenthonorably discharged soldiers, sailors, and marines9 28 veterans as defined in section 35.1, as many months after 9 29 becoming twenty-one years of age as they have spent in the 9 30military or naval servicearmed forces of the United States 9 31 before they became twenty-one, provided, however, fees may be 9 32 charged covering instructional costs for a summer school or 9 33 drivers education program. The board of education may, in a 9 34 hardship case, exempt a student from payment of the above 9 35 fees. Every person, however, who shall attend any school 10 1 after graduation from a four-year course in an approved high 10 2 school or its equivalent shall be charged a sufficient tuition 10 3 fee to cover the cost of the instruction received bysuchthe 10 4 person. 10 5 Sec. 14. Section 331.608, subsection 8, Code 1997, is 10 6 amended to read as follows: 10 7 8. As used in this section, "veteran" means aman or woman10 8 veteran as defined in section 35.1 who enlisted or was 10 9 inducted from the county, resided at any time in the county, 10 10 or is buried in the countyand who served as a member of a10 11branch of the armed forces of the United States of America, as10 12a member of the merchant marine during the time of war, during10 13the Korean Conflict beginning June 25, 1950, and ending10 14January 31, 1955, both dates inclusive, or during the Vietnam10 15Conflict beginning August 5, 1964, and ending June 30, 1973,10 16both dates inclusive, or as a member of the armed forces of a10 17country allied with the United States of America or the armed10 18forces of Iowa or another state or territory. 10 19 Sec. 15. Section 400.10, Code 1997, is amended to read as 10 20 follows: 10 21 400.10 PREFERENCES. 10 22 In all examinations and appointments under this chapter, 10 23 other than promotions and appointments of chief of the police 10 24 department and chief of the fire department,honorably10 25dischargedveteransfrom the military or naval forces of the10 26United States in any war in which the United States has been10 27engaged, including the Korean Conflict at any time between10 28June 25, 1950, and January 31, 1955, both dates inclusive, the10 29Vietnam Conflict beginning August 5, 1964, and ending May 7,10 301975, both dates inclusive, and the Persian Gulf Conflict10 31beginning August 2, 1990, and ending on the date specified by10 32the president or the Congress of the United States as the date10 33of permanent cessation of hostilities, both dates inclusive,10 34andas defined in section 35.1, who are citizens and residents 10 35 of this state, shall have five points added to the veteran's 11 1 grade or score attained in qualifying examinations for 11 2 appointment to positions and five additional points added to 11 3 the grade or score if the veteran has a service-connected 11 4 disability or is receiving compensation, disability benefits 11 5 or pension under laws administered by the veterans 11 6 administration.However, if the Congress of the United States11 7enacts a date different from August 2, 1990, as the beginning11 8of the Persian Gulf Conflict to determine the eligibility of a11 9veteran for military benefits as a veteran of the Persian Gulf11 10Conflict, the date enacted by the Congress of the United11 11States shall be substituted for August 2, 1990.An honorably 11 12 discharged veteran who has been awarded the Purple Heart for 11 13 disabilities incurred in action shall be considered to have a 11 14 service-connected disability. However, the points shall be 11 15 given only upon passing the exam and shall not be the 11 16 determining factor in passing. 11 17For the purposes of this section World War II shall be from11 18December 7, 1941, to December 31, 1946, both dates inclusive.11 19 Sec. 16. Section 427.3, subsections 1 and 2, Code 1997, 11 20 are amended to read as follows: 11 21 1. The property, not to exceed two thousand seven hundred 11 22 seventy-eight dollars in taxable value of anyhonorably11 23discharged soldier, sailor, marine, or nurseveteran, as 11 24 defined in section 35.1, of the first World War. 11 25 2. The property, not to exceed one thousand eight hundred 11 26 fifty-two dollars in taxable value of an honorably separated, 11 27 retired, furloughed to a reserve, placed on inactive status, 11 28 or dischargedsoldier, sailor, marine, or nurse of the second11 29World War from December 7, 1941, to December 31, 1946, army of11 30occupation in Germany from November 12, 1918, to July 11,11 311923, American expeditionary forces in Siberia from November11 3212, 1918, to April 30, 1920, second Nicaraguan campaign with11 33the navy or marines in Nicaragua or on combatant ships 1926-11 341933, second Haitian suppression of insurrections 1919-1920,11 35navy and marine operations in China 1937-1939 and Yangtze12 1service with navy and marines in Shanghai or in the Yangtze12 2Valley 1926-1927 and 1930-1932 or of the Korean Conflict at12 3any time between June 25, 1950, and January 31, 1955, both12 4dates inclusive, or those who served on active duty during the12 5Vietnam Conflict beginning December 22, 1961, and ending May12 67, 1975, both dates inclusive, or those who served on active12 7duty during the Persian Gulf Conflict at any time between12 8August 2, 1990, and the date the president or the Congress of12 9the United States declares a permanent cessation of12 10hostilities, both dates inclusiveveteran, as defined in 12 11 section 35.1.However, if Congress enacts a date different12 12from August 2, 1990, as the beginning of the Persian Gulf12 13Conflict for purposes of determining whether a veteran is12 14entitled to receive military benefits as a veteran of the12 15Persian Gulf Conflict, that date shall be substituted for12 16August 2, 1990. For the purposes of this section, "active12 17duty" means full-time duty in the armed forces of the United12 18States, excluding active duty for training purposes only and12 19excluding any period a person was assigned by the armed forces12 20to a civilian institution for a course of education or12 21training which was substantially the same as established12 22courses offered to civilians, or as a cadet or midshipman,12 23however enrolled, at one of the service academies.12 24 Sec. 17. Section 427.3, Code 1997, is amended by adding 12 25 the following new subsection: 12 26 NEW SUBSECTION. 5. The military service tax credit 12 27 payable to political subdivisions of this state pursuant to 12 28 chapter 426A shall be paid in full from state-appropriated 12 29 funds. 12 30 Sec. 18. Section 427.4, Code 1997, is amended to read as 12 31 follows: 12 32 427.4 EXEMPTIONS TO RELATIVES. 12 33 In case any person in the foregoing classifications does 12 34 not claimany suchthe exemption from taxation, it shall be 12 35 allowed in the name ofsuchthe person to the same extent on 13 1 the property of any one of the following persons in the order 13 2 named: 13 3 1. The spouse, or surviving spouse remaining unmarried, of 13 4any such soldier, sailor, marine, or nursea veteran, as 13 5 defined in section 35.1, where they are living together or 13 6 were living together at the time of the death ofsuch person13 7 the veteran. 13 8 2. The parent whose spouse is deceased and who remains 13 9 unmarried, ofany such soldier, sailor, marine, or nursea 13 10 veteran, as defined in section 35.1, whether living or 13 11 deceased, wheresuchthe parent is, or was at the time of 13 12 death of thesoldier, sailor, marine, or nurseveteran, 13 13 dependent onsuch personthe veteran for support. 13 14 3. The minor child, or children owning property as tenants 13 15 in common, ofany sucha deceasedsoldier, sailor, marine, or13 16nurseveteran, as defined in section 35.1. 13 17 No more than one tax exemption shall be allowed under this 13 18 section or section 427.3 in the name ofany honorably13 19discharged soldier, sailor, marine, or nursea veteran, as 13 20 defined in section 35.1. 13 21 Sec. 19. Section 483A.24, subsection 13, Code 1997, is 13 22 amended to read as follows: 13 23 13. Upon payment of the fee of thirty dollars for a 13 24 lifetime hunting and fishing combined license, the department 13 25 shall issue a hunting and fishing combined license to a 13 26 resident of Iowa who is a veteran, as defined in section 35.1, 13 27 who was disabledduring the period of a veteran's service13 28listed in this subsectionorwhowas a prisoner of war during 13 29 that veteran's military service. The department shall prepare 13 30 an application to be used by a person requesting a hunting and 13 31 fishing combined license under this subsection. The 13 32 commission of veterans affairs shall assist the department in 13 33 verifying the status or claims of applicants under this 13 34 subsection. As used in this subsection,"veteran" means a13 35person who is a resident of Iowa and who served in the armed14 1forces of the United States of America at any time during14 2World War I between the dates of April 6, 1917, and July 2,14 31921, World War II between the dates of December 7, 1941, and14 4December 31, 1946, the Korean Conflict between the dates of14 5June 27, 1950, and January 31, 1955, the Vietnam Conflict14 6between August 5, 1964, and May 7, 1975, or the Persian Gulf14 7Conflict between August 2, 1990, and the date the president or14 8the Congress of the United States declares a permanent14 9cessation of hostilities, all dates inclusive, and"disabled" 14 10 means entitled to compensation under the United States Code, 14 11 Title 38, chapter 11. 14 12 Sec. 20. Section 35.7, Code 1997, is repealed. 14 13 EXPLANATION 14 14 This bill redefines "veteran" to include persons who served 14 15 in the armed forces of the United States during peacetime or 14 16 in civilian occupations which have been given military status 14 17 when performed during actual conflict or in war zones. 14 18 In addition to the persons who served during wars or 14 19 military conflicts, the term "veteran" is redefined to include 14 20 former members of the armed forces who served on active duty 14 21 during peacetime and were discharged under honorable 14 22 conditions, former members of the national guard or military 14 23 reserve who served six or more years after January 28, 1973, 14 24 and were discharged under honorable conditions, former members 14 25 of the active, oceangoing merchant marines who served during 14 26 World War II and were discharged under honorable conditions, 14 27 and former members of the women's air force service pilots and 14 28 other persons who have been conferred veterans status based on 14 29 their civilian duties during World War II pursuant to federal 14 30 law. The definition change makes these persons and their 14 31 families eligible for veteran benefits, such as military 14 32 service property tax exemptions and credits, education 14 33 benefits for veterans' children, burial benefits, employment 14 34 preferences, bonus compensation for active, oceangoing 14 35 merchant marines during World War II, and benefits for 15 1 indigent veterans and their families. 15 2 The bill establishes a bonus compensation for merchant 15 3 marines who served during World War II and were discharged 15 4 under honorable conditions or for qualified relatives of 15 5 deceased merchant marines. The bonus is to be administered by 15 6 the executive director of the state commission of veterans 15 7 affairs. The bonus amounts to $12.50 for each month served on 15 8 active duty, not to exceed a total of $500. A person applying 15 9 for bonus compensation who knowingly makes a false statement 15 10 relating to a material fact commits a serious misdemeanor and 15 11 forfeits all rights to such compensation. 15 12 The bill amends the military service property tax exemption 15 13 provisions to correspond to the new definition of veteran. 15 14 The bill replaces the term "honorably discharged persons" 15 15 with the term "veteran" for purposes of memorial markers 15 16 placed by county commissions of veteran affairs, for 15 17 membership of county commissions of veteran affairs, for 15 18 payment of burial expenses of veterans, for payments to 15 19 indigent veterans, and for the war orphans educational aid 15 20 fund. This change expands the number of persons eligible for 15 21 veterans preference and for lifetime hunting and fishing 15 22 licenses. 15 23 Claims certified by a county commission of veteran affairs 15 24 are required to be reviewed by the county board of supervisors 15 25 and the county auditor then issues warrants in payment of the 15 26 claims. The Code requires the county commissions to prepare 15 27 and file quarterly in the county auditor's office a report 15 28 showing the names and addresses of all recipients of 15 29 assistance. The bill requires that case numbers, rather than 15 30 names and addresses, be used to identify recipients. 15 31 Under the bill, when a person who qualifies for a veterans 15 32 preference applies for an appointment or employment, and is 15 33 refused the appointment or employment, the appointing officer, 15 34 board, or person is required, within 10 days of the refusal, 15 35 to notify the unsuccessful applicant in writing of the 16 1 specific grounds for refusal. 16 2 If a person who belongs to a class of persons qualifying 16 3 for veterans preference is refused a preference or receives a 16 4 qualifying reduction in salary, the Code currently allows the 16 5 person the remedies of judicial review and appeal. The bill 16 6 adds arbitration as a third remedy. Within 60 days after 16 7 written notification of the refusal or reduction, the person 16 8 affected may submit the refusal or reduction to arbitration. 16 9 Within 10 days of a submission, an arbitrator shall be 16 10 selected by a committee that includes one member chosen by the 16 11 person refused preference, one member chosen by the appointing 16 12 officer, board, or person, and one member who shall be a 16 13 disinterested party selected by the other two members of the 16 14 committee. The arbitrator's decision is final and binding. 16 15 LSB 1804HH 77 16 16 tj/sc/14.2
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