Text: HF00632                           Text: HF00634
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 633

Partial Bill History

Bill Introduced: H.J. 599
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.  a.  "Veteran" means a resident of this state who served
  1  6 in the armed forces of the United States at any time during
  1  7 any of the following time periods and who was discharged under
  1  8 honorable conditions:
  1  9    (1)  World War I at any time between April 6, 1917, and
  1 10 November 11, 1918, both dates inclusive.
  1 11    (2)  World War I occupation of Germany at any time between
  1 12 November 12, 1918, and July 11, 1923, both dates inclusive.
  1 13    (3)  American expeditionary forces service at any time
  1 14 between November 12, 1918, and April 30, 1920, both dates
  1 15 inclusive.
  1 16    (4)  Second Nicaraguan campaign with the navy second
  1 17 Haitian suppression of insurrections at any time between 1919
  1 18 and 1920.
  1 19    (5)  Yangtze service with navy and marines in Shanghai or
  1 20 the Yangtze Valley at any time between 1926 and 1927 or
  1 21 between 1930 and 1932.
  1 22    (6)  Navy and marine operations in China at any time
  1 23 between 1937 and 1939.
  1 24    (7)  World War II at any time between December 7, 1941, and
  1 25 December 31, 1946, both dates inclusive.
  1 26    (8)  Korean Conflict any time between June 25, 1950, and
  1 27 January 31, 1955, both dates inclusive.
  1 28    (9)  Those who served on active duty during the Vietnam
  1 29 Conflict beginning December 22, 1961, and ending May 7, 1975,
  1 30 both dates inclusive.
  1 31    (10)  Those who served on active duty during the
  1 32 Lebanon/Grenada campaign at any time between August 24, 1982,
  1 33 and July 31, 1984, both dates inclusive.
  1 34    (11)  Those who served on active duty during the Panama
  1 35 campaign at any time between December 20, 1989, and January
  2  1 31, 1990, or the Persian Gulf Conflict between August 2, 1990,
  2  2 and the cessation of hostilities as determined by the United
  2  3 States Congress or the president.
  2  4    b.  "Veteran" includes the following persons:
  2  5    (1)  Members of the reserve forces of the United States who
  2  6 were activated for duty during any of the time periods listed
  2  7 in this subsection, and who were discharged under honorable
  2  8 conditions.
  2  9    (2)  Members of the Iowa national guard who were
  2 10 federalized for active duty in the armed forces of the United
  2 11 States during any of the time periods listed in this
  2 12 subsection, and who were discharged under honorable
  2 13 conditions.
  2 14    (3)  Former members of the active, oceangoing merchant
  2 15 marines who served during World War II at any time between
  2 16 December 7, 1941, and August 15, 1945, both dates inclusive,
  2 17 who were discharged under honorable conditions as provided in
  2 18 federal Pub. L. No. 95-202.
  2 19    (4)  Former members of the women's air force service pilots
  2 20 and other persons who have been conferred veterans status
  2 21 based on their civilian duties during World War II in
  2 22 accordance with federal Pub. L. No. 95-202, section 401(a)(1),
  2 23 38 U.S.C. } 106, and were discharged under honorable
  2 24 conditions.
  2 25    Sec. 2.  Section 35.8, Code 1997, is amended to read as
  2 26 follows:
  2 27    35.8  MONEY COMPRISING FUND.
  2 28    A war orphans educational aid fund is created as a separate
  2 29 fund in the state treasury under the control of the commission
  2 30 of veterans affairs.  Any money hereafter appropriated for the
  2 31 purpose of aiding in the education of orphaned children of
  2 32 honorably discharged persons who served in the military or
  2 33 naval forces of the United States in World War I or World War
  2 34 II veterans, as provided by this chapter defined in section
  2 35 35.1, shall be known as deposited in the war orphans
  3  1 educational aid fund.
  3  2    Sec. 3.  Section 35.9, unnumbered paragraph 1, Code 1997,
  3  3 is amended to read as follows:
  3  4    The commission of veterans affairs may expend not more than
  3  5 six hundred dollars per year for any one child who has lived
  3  6 in the state of Iowa for two years preceding application for
  3  7 aid, and who is the child of a person who died during World
  3  8 War I between the dates of April 6, 1917, and June 2, 1921, or
  3  9 during World War II between the dates of September 16, 1940,
  3 10 and December 31, 1946, both dates inclusive, or the Korean
  3 11 Conflict between June 25, 1950, and January 31, 1955, both
  3 12 dates inclusive, or the Vietnam Conflict between August 5,
  3 13 1964, and May 7, 1975, both dates inclusive, or the Persian
  3 14 Gulf Conflict at any time between August 2, 1990, and the date
  3 15 the president or the Congress of the United States declares a
  3 16 permanent cessation of hostilities, both dates inclusive,
  3 17 while serving in the during active federal military or naval
  3 18 forces service while serving in the armed forces or during
  3 19 active federal military service in the Iowa national guard or
  3 20 other military component of the United States, to include
  3 21 members of the reserve components performing service or duties
  3 22 required or authorized under chapter 39, United States Code
  3 23 and Title 32, United States Code, sections 502 through 505,
  3 24 and active state service required or authorized under chapter
  3 25 29A, or as a result of such service, to defray the expenses of
  3 26 tuition, matriculation, laboratory and similar fees, books and
  3 27 supplies, board, lodging, and any other reasonably necessary
  3 28 expense for such the child or children incident to attendance
  3 29 in this state at an educational or training institution of
  3 30 college grade, or in a business or vocational training school
  3 31 with standards approved by the commission of veterans affairs.
  3 32 However, if Congress enacts a date different from August 2,
  3 33 1990, as the beginning of the Persian Gulf Conflict for
  3 34 purposes of determining whether a veteran is entitled to
  3 35 receive military benefits as a veteran of the Persian Gulf
  4  1 Conflict, that date shall be substituted for August 2, 1990.
  4  2    Sec. 4.  Section 35B.3, Code 1997, is amended to read as
  4  3 follows:
  4  4    35B.3  COUNTY COMMISSION OF VETERAN AFFAIRS.
  4  5    The county commission of veteran affairs shall consist of
  4  6 either three or five persons, as determined by the board of
  4  7 supervisors, all of whom shall be honorably discharged persons
  4  8 who served in the military or naval forces of the United
  4  9 States in any war, including World War I at any time between
  4 10 April 6, 1917, and November 11, 1918, both dates inclusive;
  4 11 World War II at any time between December 7, 1941, and
  4 12 December 31, 1946, both dates inclusive; the Korean Conflict
  4 13 at any time between June 25, 1950, and January 31, 1955, both
  4 14 dates inclusive; the Vietnam Conflict at any time between
  4 15 December 22, 1961, and May 7, 1975, both dates inclusive; and
  4 16 the Persian Gulf Conflict at any time between August 2, 1990,
  4 17 and the date the president or the Congress of the United
  4 18 States declares a permanent cessation of hostilities, both
  4 19 dates inclusive.  However, if Congress enacts a date different
  4 20 from August 2, 1990, as the beginning of the Persian Gulf
  4 21 Conflict for purposes of determining whether a veteran is
  4 22 entitled to receive military benefits as a veteran of the
  4 23 Persian Gulf Conflict, that date shall be substituted for
  4 24 August 2, 1990 veterans as defined in section 35.1.  If
  4 25 possible, each member of the commission shall be a veteran of
  4 26 a different war or conflict, so as to divide membership among
  4 27 the persons who served in World War I, World War II, the
  4 28 Korean Conflict, the Vietnam Conflict, and the Persian Gulf
  4 29 Conflict; however, military action.  However, this
  4 30 qualification does not preclude membership to a veteran who
  4 31 served in more than one of the wars or conflicts military
  4 32 actions.
  4 33    Sec. 5.  Section 35B.10, unnumbered paragraph 1, Code 1997,
  4 34 is amended to read as follows:
  4 35    All claims certified by the commission shall be reviewed by
  5  1 the board of supervisors and the county auditor shall issue
  5  2 warrants in payment of the claims.  All applications,
  5  3 investigation reports and case records are privileged
  5  4 communications and shall be held confidential, subject to use
  5  5 and inspection only by persons authorized by law in connection
  5  6 with their official duties relating to financial audits and
  5  7 the administration of this chapter.  However, the county
  5  8 commission of veteran affairs shall prepare and file in the
  5  9 office of the county auditor on or before the thirtieth day of
  5 10 each January, April, July and October a report showing the
  5 11 names and addresses case numbers of all recipients receiving
  5 12 assistance under this chapter, together with the amount paid
  5 13 to each during the preceding quarter.  Each report so filed
  5 14 shall be securely fixed in a record book to be used only for
  5 15 such reports made under this chapter.
  5 16    Sec. 6.  Section 35B.13, Code 1997, is amended to read as
  5 17 follows:
  5 18    35B.13  BURIAL – EXPENSES.
  5 19    The commission is responsible for the interment in a
  5 20 suitable cemetery of the body of any honorably discharged
  5 21 person who served in the military or naval forces of the
  5 22 United States during any war, including World War I at any
  5 23 time between April 6, 1917, and November 11, 1918, both dates
  5 24 inclusive; World War II at any time between December 7, 1941,
  5 25 and December 31, 1946, both dates inclusive; the Korean
  5 26 Conflict at any time between June 25, 1950, and January 31,
  5 27 1955, both dates inclusive; the Vietnam Conflict at any time
  5 28 between December 22, 1961, and May 7, 1975, both dates
  5 29 inclusive; and the Persian Gulf Conflict at any time between
  5 30 August 2, 1990, and the date the president or the Congress of
  5 31 the United States declares a permanent cessation of
  5 32 hostilities, both dates inclusive; veteran, as defined in
  5 33 section 35.1, or the spouse, surviving spouse, or child of the
  5 34 person, if the person has died without leaving sufficient
  5 35 means to defray the funeral expenses.  However, if Congress
  6  1 enacts a date different from August 2, 1990, as the beginning
  6  2 of the Persian Gulf Conflict for purposes of determining
  6  3 whether a veteran is entitled to receive military benefits as
  6  4 a veteran of the Persian Gulf Conflict, that date shall be
  6  5 substituted for August 2, 1990.  The commission may pay the
  6  6 expenses in a sum not exceeding an amount established by the
  6  7 board of supervisors.
  6  8    Sec. 7.  Section 35B.14, unnumbered paragraph 1, Code 1997,
  6  9 is amended to read as follows:
  6 10    The board of supervisors of each county may appropriate
  6 11 moneys for the food, clothing, shelter, utilities, medical
  6 12 benefits, and funeral expenses of honorably discharged,
  6 13 indigent persons who served in the military or naval forces of
  6 14 the United States in any war including World War I at any time
  6 15 between April 6, 1917, and November 11, 1918, both dates
  6 16 inclusive; World War II at any time between December 7, 1941,
  6 17 and December 31, 1946, both dates inclusive; the Korean
  6 18 Conflict at any time between June 25, 1950, and January 31,
  6 19 1955, both dates inclusive; the Vietnam Conflict at any time
  6 20 between December 22, 1961, and May 7, 1975, both dates
  6 21 inclusive; and the Persian Gulf Conflict at any time between
  6 22 August 2, 1990, and the date the president or the Congress of
  6 23 the United States declares a permanent cessation of
  6 24 hostilities, both dates inclusive; veterans, as defined in
  6 25 section 35.1, and their indigent spouses, surviving spouses,
  6 26 and minor children not over eighteen years of age, having a
  6 27 legal residence in the county.  However, if Congress enacts a
  6 28 date different from August 2, 1990, as the beginning of the
  6 29 Persian Gulf Conflict for purposes of determining whether a
  6 30 veteran is entitled to receive military benefits as a veteran
  6 31 of the Persian Gulf Conflict, that date shall be substituted
  6 32 for August 2, 1990.
  6 33    Sec. 8.  Section 35B.16, Code 1997, is amended to read as
  6 34 follows:
  6 35    35B.16  MARKERS FOR GRAVES.
  7  1    The county commission of veteran affairs may furnish a
  7  2 suitable and appropriate metal marker for the grave of each
  7  3 honorably discharged person, who served in the military or
  7  4 naval forces of the United States during any war, including
  7  5 World War I at any time between April 6, 1917, and November
  7  6 11, 1918, both dates inclusive; World War II at any time
  7  7 between December 7, 1941, and December 31, 1946, both dates
  7  8 inclusive; the Korean Conflict at any time between June 25,
  7  9 1950, and January 31, 1955, both dates inclusive; the Vietnam
  7 10 Conflict at any time between December 22, 1961, and May 7,
  7 11 1975, both dates inclusive; and the Persian Gulf Conflict at
  7 12 any time between August 2, 1990, and the date the president or
  7 13 the Congress of the United States declares a permanent
  7 14 cessation of hostilities, both dates inclusive; and veteran,
  7 15 as defined in section 35.1, who is buried within the limits of
  7 16 the county, to.  The marker shall be placed at the
  7 17 individual's grave to permanently mark and designate the grave
  7 18 for memorial purposes.  The expenses shall be paid from any
  7 19 funds raised as provided in this chapter.  If Congress enacts
  7 20 a date different from August 2, 1990, as the beginning of the
  7 21 Persian Gulf Conflict for purposes of determining whether a
  7 22 veteran is entitled to receive military benefits as a veteran
  7 23 of the Persian Gulf Conflict, that date shall be substituted
  7 24 for August 2, 1990.
  7 25    Sec. 9.  Section 35C.3, Code 1997, is amended to read as
  7 26 follows:
  7 27    35C.3  DUTY TO INVESTIGATE AND APPOINT.
  7 28    When any preferred person shall apply applies for
  7 29 appointment or employment under this chapter, the officer,
  7 30 board, or person whose duty it is or may be to appoint or
  7 31 employ some person to fill such the position or place shall,
  7 32 before appointing or employing anyone to fill such the
  7 33 position or place, make an investigation as to the
  7 34 qualifications of said the applicant for such the place or
  7 35 position, and if the applicant is of good moral character and
  8  1 can perform the duties of said the position so applied for, as
  8  2 hereinbefore provided, said the officer, board, or person
  8  3 shall appoint said the applicant to such the position, place,
  8  4 or employment.  Said The appointing officer, board, or person
  8  5 shall set forth in writing and file for public inspection, the
  8  6 specific grounds upon which it is held that the person
  8  7 appointed is entitled to said appointment, or in the case such
  8  8 appointment is refused, the specific grounds for the refusal
  8  9 thereof refused to appoint the person.  Within ten days after
  8 10 an appointment is refused, the appointing officer, board, or
  8 11 person shall notify the unsuccessful applicant in writing of
  8 12 the specific grounds for refusal.
  8 13    Sec. 10.  NEW SECTION.  35C.5A  ARBITRATION.
  8 14    In addition to the remedies provided in sections 35C.4 and
  8 15 35C.5, a person belonging to a class of persons qualifying for
  8 16 a preference may submit any refusal to allow a preference, or
  8 17 any reduction of the person's salary as described in section
  8 18 35C.4, to arbitration within sixty days after written
  8 19 notification of the refusal or reduction.  Within ten days
  8 20 after any submission, an arbitrator shall be selected by a
  8 21 committee that includes one member chosen by the person
  8 22 refused preference, one member chosen by the appointing
  8 23 officer, board, or person, and one member who shall be a
  8 24 disinterested party selected by the other two members of the
  8 25 committee.  A list of qualified arbitrators may be obtained
  8 26 from the American arbitration association or other recognized
  8 27 arbitration organization or association.  The decision of the
  8 28 arbitrator shall be final and binding on the parties.
  8 29    Sec. 11.  Section 37.10, unnumbered paragraph 1, Code 1997,
  8 30 is amended to read as follows:
  8 31    Each commissioner shall be an honorably discharged soldier,
  8 32 sailor, marine, airman, or coast guard member a veteran, as
  8 33 defined in section 35.1, and be a resident of the county in
  8 34 which the memorial hall or monument is located.
  8 35    Sec. 12.  Section 282.6, unnumbered paragraph 1, Code 1997,
  9  1 is amended to read as follows:
  9  2    Every school shall be free of tuition to all actual
  9  3 residents between the ages of five and twenty-one years and to
  9  4 resident honorably discharged soldiers, sailors, and marines
  9  5 veterans as defined in section 35.1, as many months after
  9  6 becoming twenty-one years of age as they have spent in the
  9  7 military or naval service armed forces of the United States
  9  8 before they became twenty-one, provided, however, fees may be
  9  9 charged covering instructional costs for a summer school or
  9 10 drivers education program.  The board of education may, in a
  9 11 hardship case, exempt a student from payment of the above
  9 12 fees.  Every person, however, who shall attend any school
  9 13 after graduation from a four-year course in an approved high
  9 14 school or its equivalent shall be charged a sufficient tuition
  9 15 fee to cover the cost of the instruction received by such the
  9 16 person.
  9 17    Sec. 13.  Section 331.608, subsection 8, Code 1997, is
  9 18 amended to read as follows:
  9 19    8.  As used in this section, "veteran" means a man or woman
  9 20 veteran as defined in section 35.1 who enlisted or was
  9 21 inducted from the county, resided at any time in the county,
  9 22 or is buried in the county and who served as a member of a
  9 23 branch of the armed forces of the United States of America, as
  9 24 a member of the merchant marine during the time of war, during
  9 25 the Korean Conflict beginning June 25, 1950, and ending
  9 26 January 31, 1955, both dates inclusive, or during the Vietnam
  9 27 Conflict beginning August 5, 1964, and ending June 30, 1973,
  9 28 both dates inclusive, or as a member of the armed forces of a
  9 29 country allied with the United States of America or the armed
  9 30 forces of Iowa or another state or territory.
  9 31    Sec. 14.  Section 400.10, Code 1997, is amended to read as
  9 32 follows:
  9 33    400.10  PREFERENCES.
  9 34    In all examinations and appointments under this chapter,
  9 35 other than promotions and appointments of chief of the police
 10  1 department and chief of the fire department, honorably
 10  2 discharged veterans from the military or naval forces of the
 10  3 United States in any war in which the United States has been
 10  4 engaged, including the Korean Conflict at any time between
 10  5 June 25, 1950, and January 31, 1955, both dates inclusive, the
 10  6 Vietnam Conflict beginning August 5, 1964, and ending May 7,
 10  7 1975, both dates inclusive, and the Persian Gulf Conflict
 10  8 beginning August 2, 1990, and ending on the date specified by
 10  9 the president or the Congress of the United States as the date
 10 10 of permanent cessation of hostilities, both dates inclusive,
 10 11 and as defined in section 35.1, who are citizens and residents
 10 12 of this state, shall have five points added to the veteran's
 10 13 grade or score attained in qualifying examinations for
 10 14 appointment to positions and five additional points added to
 10 15 the grade or score if the veteran has a service-connected
 10 16 disability or is receiving compensation, disability benefits
 10 17 or pension under laws administered by the veterans
 10 18 administration.  However, if the Congress of the United States
 10 19 enacts a date different from August 2, 1990, as the beginning
 10 20 of the Persian Gulf Conflict to determine the eligibility of a
 10 21 veteran for military benefits as a veteran of the Persian Gulf
 10 22 Conflict, the date enacted by the Congress of the United
 10 23 States shall be substituted for August 2, 1990.  An honorably
 10 24 discharged veteran who has been awarded the Purple Heart for
 10 25 disabilities incurred in action shall be considered to have a
 10 26 service-connected disability.  However, the points shall be
 10 27 given only upon passing the exam and shall not be the
 10 28 determining factor in passing.
 10 29    For the purposes of this section World War II shall be from
 10 30 December 7, 1941, to December 31, 1946, both dates inclusive.
 10 31    Sec. 15.  Section 427.3, subsections 1 and 2, Code 1997,
 10 32 are amended to read as follows:
 10 33    1.  The property, not to exceed two thousand seven hundred
 10 34 seventy-eight dollars in taxable value of any honorably
 10 35 discharged soldier, sailor, marine, or nurse veteran, as
 11  1 defined in section 35.1, of the first World War.
 11  2    2.  The property, not to exceed one thousand eight hundred
 11  3 fifty-two dollars in taxable value of an honorably separated,
 11  4 retired, furloughed to a reserve, placed on inactive status,
 11  5 or discharged soldier, sailor, marine, or nurse of the second
 11  6 World War from December 7, 1941, to December 31, 1946, army of
 11  7 occupation in Germany from November 12, 1918, to July 11,
 11  8 1923, American expeditionary forces in Siberia from November
 11  9 12, 1918, to April 30, 1920, second Nicaraguan campaign with
 11 10 the navy or marines in Nicaragua or on combatant ships 1926-
 11 11 1933, second Haitian suppression of insurrections 1919-1920,
 11 12 navy and marine operations in China 1937-1939 and Yangtze
 11 13 service with navy and marines in Shanghai or in the Yangtze
 11 14 Valley 1926-1927 and 1930-1932 or of the Korean Conflict at
 11 15 any time between June 25, 1950, and January 31, 1955, both
 11 16 dates inclusive, or those who served on active duty during the
 11 17 Vietnam Conflict beginning December 22, 1961, and ending May
 11 18 7, 1975, both dates inclusive, or those who served on active
 11 19 duty during the Persian Gulf Conflict at any time between
 11 20 August 2, 1990, and the date the president or the Congress of
 11 21 the United States declares a permanent cessation of
 11 22 hostilities, both dates inclusive veteran, as defined in
 11 23 section 35.1.  However, if Congress enacts a date different
 11 24 from August 2, 1990, as the beginning of the Persian Gulf
 11 25 Conflict for purposes of determining whether a veteran is
 11 26 entitled to receive military benefits as a veteran of the
 11 27 Persian Gulf Conflict, that date shall be substituted for
 11 28 August 2, 1990.  For the purposes of this section, "active
 11 29 duty" means full-time duty in the armed forces of the United
 11 30 States, excluding active duty for training purposes only and
 11 31 excluding any period a person was assigned by the armed forces
 11 32 to a civilian institution for a course of education or
 11 33 training which was substantially the same as established
 11 34 courses offered to civilians, or as a cadet or midshipman,
 11 35 however enrolled, at one of the service academies.
 12  1    Sec. 16.  Section 427.4, Code 1997, is amended to read as
 12  2 follows:
 12  3    427.4  EXEMPTIONS TO RELATIVES.
 12  4    In case any person in the foregoing classifications does
 12  5 not claim any such the exemption from taxation, it shall be
 12  6 allowed in the name of such the person to the same extent on
 12  7 the property of any one of the following persons in the order
 12  8 named:
 12  9    1.  The spouse, or surviving spouse remaining unmarried, of
 12 10 any such soldier, sailor, marine, or nurse a veteran, as
 12 11 defined in section 35.1, where they are living together or
 12 12 were living together at the time of the death of such person
 12 13 the veteran.
 12 14    2.  The parent whose spouse is deceased and who remains
 12 15 unmarried, of any such soldier, sailor, marine, or nurse a
 12 16 veteran, as defined in section 35.1, whether living or
 12 17 deceased, where such the parent is, or was at the time of
 12 18 death of the soldier, sailor, marine, or nurse veteran,
 12 19 dependent on such person the veteran for support.
 12 20    3.  The minor child, or children owning property as tenants
 12 21 in common, of any such a deceased soldier, sailor, marine, or
 12 22 nurse veteran, as defined in section 35.1.
 12 23    No more than one tax exemption shall be allowed under this
 12 24 section or section 427.3 in the name of any honorably
 12 25 discharged soldier, sailor, marine, or nurse a veteran, as
 12 26 defined in section 35.1.
 12 27    Sec. 17.  Section 483A.24, subsection 13, Code 1997, is
 12 28 amended to read as follows:
 12 29    13.  Upon payment of the fee of thirty dollars for a
 12 30 lifetime hunting and fishing combined license, the department
 12 31 shall issue a hunting and fishing combined license to a
 12 32 resident of Iowa who is a veteran, as defined in section 35.1,
 12 33 who was disabled during the period of a veteran's service
 12 34 listed in this subsection or who was a prisoner of war during
 12 35 that veteran's military service.  The department shall prepare
 13  1 an application to be used by a person requesting a hunting and
 13  2 fishing combined license under this subsection.  The
 13  3 commission of veterans affairs shall assist the department in
 13  4 verifying the status or claims of applicants under this
 13  5 subsection.  As used in this subsection, "veteran" means a
 13  6 person who is a resident of Iowa and who served in the armed
 13  7 forces of the United States of America at any time during
 13  8 World War I between the dates of April 6, 1917, and July 2,
 13  9 1921, World War II between the dates of December 7, 1941, and
 13 10 December 31, 1946, the Korean Conflict between the dates of
 13 11 June 27, 1950, and January 31, 1955, the Vietnam Conflict
 13 12 between August 5, 1964, and May 7, 1975, or the Persian Gulf
 13 13 Conflict between August 2, 1990, and the date the president or
 13 14 the Congress of the United States declares a permanent
 13 15 cessation of hostilities, all dates inclusive, and "disabled"
 13 16 means entitled to compensation under the United States Code,
 13 17 Title 38, chapter 11.
 13 18    Sec. 18.  Section 35.7, Code 1997, is repealed.  
 13 19                           EXPLANATION
 13 20    This bill redefines "veteran" to include persons who served
 13 21 in the armed forces of the United States during armed conflict
 13 22 or in civilian occupations which have been given military
 13 23 status when performed during actual conflict or in war zones.
 13 24    In addition to the persons who served during wars or armed
 13 25 conflicts, the term "veteran" is redefined to include former
 13 26 members of the national guard or military reserve who were
 13 27 called to active duty during the war or armed conflict periods
 13 28 and were discharged under honorable conditions, former members
 13 29 of the active, oceangoing merchant marines who served during
 13 30 World War II and were discharged under honorable conditions,
 13 31 and former members of the women's air force service pilots and
 13 32 other persons who have been conferred veterans status based on
 13 33 their civilian duties during World War II pursuant to federal
 13 34 law.  The definition change makes these persons and their
 13 35 families eligible for veteran benefits, such as military
 14  1 service property tax exemptions and credits, education
 14  2 benefits for veterans' children, burial benefits, employment
 14  3 preferences, and benefits for indigent veterans and their
 14  4 families.
 14  5    The bill amends the military service property tax exemption
 14  6 provisions to correspond to the new definition of veteran.
 14  7    The bill replaces the term "honorably discharged persons"
 14  8 with the term "veteran" for purposes of memorial markers
 14  9 placed by county commissions of veteran affairs, for
 14 10 membership of county commissions of veteran affairs, for
 14 11 payment of burial expenses of veterans, for payments to
 14 12 indigent veterans, and for the war orphans educational aid
 14 13 fund.  This change expands the number of persons eligible for
 14 14 veterans preference and for lifetime hunting and fishing
 14 15 licenses.
 14 16    Claims certified by a county commission of veteran affairs
 14 17 are required to be reviewed by the county board of supervisors
 14 18 and the county auditor then issues warrants in payment of the
 14 19 claims.  The Code requires the county commissions to prepare
 14 20 and file quarterly in the county auditor's office a report
 14 21 showing the names and addresses of all recipients of
 14 22 assistance.  The bill requires that case numbers, rather than
 14 23 names and addresses, be used to identify recipients.
 14 24    Under the bill, when a person who qualifies for a veterans
 14 25 preference applies for an appointment or employment, and is
 14 26 refused the appointment or employment, the appointing officer,
 14 27 board, or person is required, within 10 days of the refusal,
 14 28 to notify the unsuccessful applicant in writing of the
 14 29 specific grounds for refusal.
 14 30    If a person who belongs to a class of persons qualifying
 14 31 for veterans preference is refused a preference or receives a
 14 32 qualifying reduction in salary, the Code currently allows the
 14 33 person the remedies of judicial review and appeal.  The bill
 14 34 adds arbitration as a third remedy.  Within 60 days after
 14 35 written notification of the refusal or reduction, the person
 15  1 affected may submit the refusal or reduction to arbitration.
 15  2 Within 10 days of a submission, an arbitrator shall be
 15  3 selected by a committee that includes one member chosen by the
 15  4 person refused preference, one member chosen by the appointing
 15  5 officer, board, or person, and one member who shall be a
 15  6 disinterested party selected by the other two members of the
 15  7 committee.  The arbitrator's decision is final and binding.  
 15  8 LSB 2403HH 77
 15  9 tj/sc/14

Text: HF00632                           Text: HF00634
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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